BARCLAYS WEALTH ESTATES & TRUSTS
BARCLAYS WEALTH ESTATES & TRUSTS
BARCLAYS WEALTH ESTATES & TRUSTS
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<strong>BARCLAYS</strong> <strong>WEALTH</strong> <strong>ESTATES</strong> & <strong>TRUSTS</strong><br />
Will Writing Service<br />
Will Instruction Form
Contents<br />
Section 1 – Personal details 1 5<br />
Section 2 – Funeral arrangements 6<br />
Section 3 – The executors and trustees of your estate 1 7<br />
Section 4 – Appointment of guardians 9<br />
Section 5 – Gifts of a specific item or cash sum 10<br />
Section 6 – Distribution of the residue of your estate1 Section 7 – Alternative wishes: Distribution of the<br />
14<br />
residue of your estate 18<br />
Section 8 – Declaration1 20<br />
Section 9 – Checklist1 22<br />
1 Mandatory sections to be completed.
Guide to completing<br />
the Will Instruction Form<br />
It is our aim to make this Will Instruction Form as straightforward and easy to follow as<br />
possible. It should not take you more than about 30 minutes to complete.<br />
You can use this form to provide will instructions for yourself<br />
as well as a spouse/partner if appropriate.<br />
Please note: This form is to provide instructions for a will<br />
and is not the will itself.<br />
Once you have completed this form, please send it direct to<br />
Irwin Mitchell solicitors. Irwin Mitchell will then prepare your<br />
will and provide you with any advice required. The Barclays<br />
Will Writing Service aims to send your will(s) to you for<br />
signing and witnessing within ten working days of Irwin<br />
Mitchell receiving your Will Instruction Form. The process<br />
is then complete.<br />
We recognise that some of the legal terms and expressions<br />
that are used in this form may not be familiar to you. To assist<br />
your understanding, within the Will Writing pack we have<br />
provided explanatory notes on pages 6 to 9. The Guidance<br />
notes follow the same order as this Will Instruction Form and<br />
explain the meaning of special terms and expressions as you<br />
come across them.<br />
To enable us to prepare your will each section indicates<br />
whether it must be completed. It is not necessary to complete<br />
every section of this form.<br />
Additional extra sheets may be attached to this form<br />
if required.<br />
Please complete clearly in BLOCK CAPITALS in black<br />
ballpoint pen. This will avoid delays in processing your<br />
application.<br />
2 Helpline available 9am to 5pm Monday to Friday. Calls charged at local rates.<br />
The Barclays Will Writing Service is offered in connection<br />
with Irwin Mitchell solicitors who are one of the leading<br />
providers of will writing services in the UK.<br />
Please return this completed Will Instruction Form using<br />
the pre-paid envelope enclosed to the following freepost<br />
address:<br />
Freepost RRTS-AKAH-KKSE<br />
Barclays Will Writing Service<br />
Irwin Mitchell Solicitors<br />
Riverside East<br />
2 Millsands<br />
Sheffield<br />
S3 8DT<br />
If you need help in completing this Will Instruction Form<br />
then please call the Barclays Will Writing helpline on<br />
08457 585 4432 .<br />
3
Important points to remember before completing this form<br />
1. Barclays Will Writing Service is administered by Irwin<br />
Mitchell. Irwin Mitchell is regulated by the Solicitors<br />
Regulation Authority.<br />
2. The information requested in this form is required for<br />
the purpose of preparing your will and to ensure that<br />
the will reflects your wishes.<br />
3. The information is being used by Irwin Mitchell who is<br />
responsible for preparing your will.<br />
4. You agree to any information currently held by<br />
Barclays Will Writing being provided to Irwin Mitchell<br />
for the purpose of writing your new will or amending<br />
your existing will.<br />
5. You may be contacted to confirm your instructions.<br />
6. The information given in this form is true, complete and<br />
correctly represents your wishes.<br />
7. If you are not currently domiciled in England or Wales<br />
or you intend to live permanently abroad, please do not<br />
complete this Will Instruction Form. You are advised to<br />
seek legal advice on the preparation of your will instead.<br />
Any will prepared for you is based on the assumption<br />
that you are domiciled in England and Wales (see<br />
Guidance notes in the Will Writing pack).<br />
8. You are free to leave your estate to anyone you choose,<br />
but please bear in mind that the law does confer rights<br />
on people who are wholly or partly maintained by you<br />
at the time of your death. If you do not provide for<br />
your spouse, civil partner, former spouse (who has not<br />
re-married) or former civil partner (who has not<br />
subsequently registered a new Civil Partnership) in your<br />
will, he/she may be able to make a claim against your<br />
estate. The same applies for children, whether they are<br />
yours or those of your spouse or civil partner whom you<br />
have treated as your own. Anyone else financially<br />
dependent upon you may also be able to make a claim.<br />
It will be up to the Courts to decide the validity of such<br />
claims. If you intend not to provide for any of the above<br />
people, or if you want to leave money to a child or<br />
person who is mentally handicapped, it is recommended<br />
that you seek legal advice. Irwin Mitchell solicitors can<br />
advise you in this regard if required.<br />
9. An additional charge will arise after your will has been<br />
prepared, should you make any alterations to your<br />
wishes that necessitates re-drafting your will. Therefore<br />
please check carefully that this form does reflect your<br />
wishes and nothing has been left out.<br />
10. Irwin Mitchell reserves the right to make an additional<br />
charge if the nature of your instructions are such that<br />
time over and above what would be considered to be a<br />
reasonable amount of time is spent preparing your will.<br />
If this should happen, you will be advised of the estimated<br />
additional charge before any work is undertaken.<br />
Please see the full Terms and Conditions of our service<br />
provided with the Will Writing pack.<br />
4
Section 1 – Personal details<br />
Please complete this Section. If any of the terms or expressions used below are unfamiliar to<br />
you, please refer to the Guidance notes on pages 6 to 9 of the Will Writing pack. If you need<br />
help completing this form, please call our helpline on 08457 585 443 2 .<br />
Please complete clearly in BLOCK CAPITALS in black ballpoint pen. This will avoid delays in processing your application.<br />
For yourself<br />
Title Mr Mrs Miss Ms Dr<br />
Other title Male Female<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Date of birth D D / M M / Y<br />
Contact details<br />
Home<br />
Work<br />
Mobile<br />
Email<br />
Preferred method of contact<br />
Marital status<br />
Single Married/In civil partnership<br />
Divorced Other<br />
Mirror wills<br />
Please indicate as appropriate if you require:<br />
Y<br />
Y<br />
Y<br />
Your spouse/civil partner/partner<br />
Title Mr Mrs Miss Ms Dr<br />
Other title Male Female<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Date of birth D D / M M / Y<br />
Contact details<br />
Home<br />
Work<br />
Mobile<br />
Email<br />
2 Helpline available 9am to 5pm Monday to Friday. Calls charged at local rates.<br />
Preferred method of contact<br />
Marital status<br />
Single Married/In civil partnership<br />
Divorced Other<br />
Mirror wills to be prepared, that is, a will for you and a will for your partner (see Guidance notes)<br />
A will for you or wills for you and your partner to be prepared in expectation of marriage to each other<br />
A will for you or wills for you and your partner to be prepared in expectation of the registration of a Civil Partnership<br />
Y<br />
Y<br />
Y<br />
5
Section 1 (continued)<br />
Estate value<br />
Estimated value of your estate (see Guidance notes in the Will Writing pack)<br />
Up to £50,000 Up to £100,000 Up to £200,000 Up to £400,000<br />
Up to £500,000 Up to £600,000 Up to £800,000 Over £800,000<br />
Foreign assets<br />
Do you have any assets outside of England and Wales?<br />
If "Yes", please indicate the countries where those assets are held<br />
Yes No<br />
Have you already made a will in those countries? Yes No<br />
Section 2 – Funeral arrangements<br />
You only need to complete this Section if you wish to include details of your intended funeral<br />
arrangements in your will.<br />
Please indicate your funeral instructions:<br />
For yourself Cremation Burial Your partner Cremation Burial<br />
Funeral costs will automatically be treated as a debt of your estate. Your executor will be responsible for paying these costs<br />
from your estate.<br />
Whilst not necessary to include in your will, if you have any special instructions with regard to your funeral arrangements that<br />
you wish to include, then detail them below. Please also indicate if these are for you, your partner or both.<br />
6
Section 3 – The executors and trustees of your estate<br />
Please complete this Section. Your executor will be responsible for administering your<br />
estate after your death and ensuring your wishes are carried out (see Guidance notes in the<br />
Will Writing pack).<br />
Full details of the service that Barclays provides are shown on page 4 of the Will Writing pack.<br />
Acting as executor/trustee can be a complicated and time consuming job and will almost invariably require specialist skills,<br />
knowledge and experience. For this reason, we would recommend that you consider appointing a professional<br />
executor/trustee, such as Barclays, to deal with the administration of your estate either alone or to act alongside either<br />
a friend or other family members.<br />
Please detail below who you wish to appoint as executor and trustee of your estate. If you wish to, you may appoint Barclays<br />
to act as professional executor/trustee either alone or together with a friend or family member.<br />
Barclays to be sole executor<br />
Barclays to act together with surviving spouse/civil partner/partner<br />
Barclays to act together with the person(s) named overleaf<br />
Spouse/civil partner/partner to act, but if they are unwilling or unable to act, Barclays to be appointed sole executor<br />
The persons named overleaf to act, but if they are unwilling or unable to act, Barclays to be appointed sole executor<br />
Spouse/civil partner/partner to act alone but if he/she is unwilling or unable to act, the person(s) named overleaf to act<br />
Spouse/civil partner/partner to act together with the person(s) named overleaf<br />
The person(s) named overleaf to act<br />
7
Section 3 (continued)<br />
Executor/trustee 1<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Executor/trustee 2<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Reminder<br />
(a) Have you selected your executor/trustee by ticking one of the boxes on the previous page?<br />
(b) Your executor(s) should be over 18 years of age.<br />
(c) Your executor(s) can be a beneficiary of your estate.<br />
(d) Please do not appoint more than four executors. You do not need to appoint as many as four. If you wish to appoint<br />
more than two, please attach a separate sheet.<br />
8
Section 4 – Appointment of guardians<br />
You only need to complete this Section if you wish to nominate guardians for your children<br />
who are under the age of 18.<br />
Please see the Guidance notes on pages 6 to 9 of the Will Writing pack for further information about the role of guardians.<br />
Preference for guardianship<br />
Please indicate if Guardian 1 is your first choice and Guardian 2 is the alternative. If you do not tick this box, we will<br />
assume that you wish both parties to act together.<br />
Guardian 1<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Guardian 2<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Are the guardians named to act for all of your children who are under 18 years? Yes No<br />
If no, please indicate which guardian(s) are to act for which child/children below<br />
9
Section 5(a) – Gifts of a specific item<br />
You need only complete this Section if you want to make a gift of a specific item or items to an<br />
individual, charity or organisation in your will.<br />
It is not necessary for you to make specific gifts to deal with all of your estate. Anything that you do not detail in this Section will<br />
form part of the ‘residue’ of your estate dealt with in Sections 6 and 7.<br />
Please see the Guidance notes on pages 6 to 9 of the Will Writing pack for further information.<br />
Gift 1<br />
Please give an accurate description of the gift(s)<br />
Recipient’s first name(s)<br />
Recipient’s surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Gifts to appear in will(s) as follows:<br />
In my will only<br />
In my partner’s will only<br />
In both wills (made on second death)<br />
Gift 2<br />
Please give an accurate description of the gift(s)<br />
Recipient’s first name(s)<br />
Recipient’s surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Gifts to appear in will(s) as follows:<br />
In my will only<br />
In my partner’s will only<br />
In both wills (made on second death)<br />
Please note: If you are leaving a gift or gifts to charity, please include full name(s), address(es) and charity number(s).<br />
10
Gift 3<br />
Please give an accurate description of the gift(s)<br />
Recipient’s first name(s)<br />
Recipient’s surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Gifts to appear in will(s) as follows:<br />
In my will only<br />
In my partner’s will only<br />
In both wills (made on second death)<br />
Gift 4<br />
Please give an accurate description of the gift(s)<br />
Recipient’s first name(s)<br />
Recipient’s surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Gifts to appear in will(s) as follows:<br />
In my will only<br />
In my partner’s will only<br />
In both wills (made on second death)<br />
Please note: If you are leaving a gift or gifts to charity, please include full name(s), address(es) and charity number(s).<br />
11
Section 5(b) – Gifts of a cash sum<br />
You need only complete this Section if you want to make a gift of a fixed sum of money to an<br />
individual, charity or organisation in your will.<br />
Gift 1<br />
How much is the gift?<br />
Recipient’s first name(s)<br />
Recipient’s surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Gifts to appear in will(s) as follows:<br />
In my will only<br />
In my partner’s will only<br />
In both wills (payable once only on first death)<br />
In both wills (payable once only on second death)<br />
In both wills (payable on each death)<br />
Gift is to an executor and is only to be paid if<br />
he/she acts as executor<br />
Gift 2<br />
How much is the gift?<br />
Recipient’s first name(s)<br />
Recipient’s surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Gifts to appear in will(s) as follows:<br />
In my will only<br />
In my partner’s will only<br />
In both wills (payable once only on first death)<br />
In both wills (payable once only on second death)<br />
In both wills (payable on each death)<br />
Gift is to an executor and is only to be paid if<br />
he/she acts as executor<br />
Please note: If you are leaving a gift or gifts to charity, please include full name(s), address(es) and charity number(s).<br />
12
Gift 3<br />
How much is the gift?<br />
Recipient’s first name(s)<br />
Recipient’s surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Gifts to appear in will(s) as follows:<br />
In my will only<br />
In my partner’s will only<br />
In both wills (payable once only on first death)<br />
In both wills (payable once only on second death)<br />
In both wills (payable on each death)<br />
Gift is to an executor and is only to be paid if<br />
he/she acts as executor<br />
Gift 4<br />
How much is the gift?<br />
Recipient’s first name(s)<br />
Recipient’s surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Gifts to appear in will(s) as follows:<br />
In my will only<br />
In my partner’s will only<br />
In both wills (payable once only on first death)<br />
In both wills (payable once only on second death)<br />
In both wills (payable on each death)<br />
Gift is to an executor and is only to be paid if<br />
he/she acts as executor<br />
Please note: If you are leaving a gift or gifts to charity, please include full name(s), address(es) and charity number(s).<br />
13
Section 6 – Distribution of the residue of your estate<br />
Please complete this Section to provide details of what you wish to happen to the residue of<br />
your estate (what is left after payment of funeral expenses, tax, debts and liabilities, legal costs,<br />
executor’s fees, legacies etc. have been deducted).<br />
Please tick one of the following options:<br />
Option 1 – Spouse/partner<br />
I wish to leave all of the residue of my estate to my<br />
spouse/civil partner/partner named in Section 1 of this<br />
form. If you select this option, it is important that you<br />
consider what should happen in the event that your<br />
spouse/partner does not survive you. Please go to<br />
Section 7 to indicate alternative wishes.<br />
Option 2 – Spouse/partner then children<br />
I wish to leave all of the residue of my estate to my<br />
spouse/civil partner/partner (named in Section 1 of this<br />
form) but if he/she dies before me then I wish my estate to<br />
pass to my children. If any of my children pass away before<br />
me, the share that they would have inherited to pass to<br />
their children and so on all the way down the family tree<br />
(see note below). Please go to Section 6(a).<br />
Option 3 – Children<br />
I have no spouse/civil partner/partner or I do not wish<br />
them to benefit. I wish the residue of my estate to pass to<br />
my children. If any of my children pass away before me, the<br />
share that they would have inherited to pass to their children<br />
and so on all the way down the family tree (see note below).<br />
Please go to Section 6(a).<br />
Option 4 – Other situations<br />
I wish the residue of my estate to be distributed in<br />
accordance with the details provided in Section 6(b).<br />
Please go to Section 6(b).<br />
Please note: If you select Option 2 or 3 for your children to benefit, then please provide details of their names in Section 6(a).<br />
Your will(s) will be prepared to include the named children as well as any subsequently born children so there should not<br />
be a need to update your will(s) to include further children (if any) born at a later date. If you do not wish us to include<br />
future born children, please tick this box.<br />
If you or your partner have stepchildren whom you wish to benefit then please ensure that details are recorded in Section 6(a).<br />
14
Section 6(a) – Distribution of the residue of your estate<br />
You only need to complete this Section if you have selected Option 2 or 3 in Section 6. Please<br />
record below your children’s names, your stepchildren’s names or your partner’s children’s names<br />
to appear in the will. If there is insufficient room, please add additional sheets.<br />
Child 1<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship to you3 Relationship to your partner 3<br />
Child 2<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship to you3 Relationship to your partner 3<br />
Child 3<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship to you3 Relationship to your partner 3<br />
Child 4<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Relationship to you3 Relationship to your partner 3<br />
If you do not want your children to receive payments until they reach a certain age other than 18, please<br />
indicate the age (usually 21 or 25).<br />
Please note: The age at which your children receive payments may affect the way in which the gift to them is taxed. This is<br />
particularly the case if the child is in fact the child of your partner and if your estate may be worth more than the nil rate<br />
band threshold for Inheritance Tax. Please read the Guidance notes on pages 6 to 9 of the Will Writing pack before<br />
completing this part of the form.<br />
You do not need to complete Section 6(b) if you have completed this Section. Please go to Section 7.<br />
3 For example son/daughter, stepson/daughter, partner’s son/daughter.<br />
15
Section 6(b) – Distribution of the residue of your estate<br />
Please only complete this Section if you have selected Option 4 in Section 6.<br />
I wish the residue of my estate to be distributed as follows:<br />
Beneficiary 1<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Age gift of residue to be paid (if other than 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Share to receive (for example, 100 per cent, half, etc.)<br />
Please indicate what you would like to happen to this<br />
share if the beneficiary passes away before you. If you do<br />
not provide alternative wishes, it will be assumed that<br />
you wish Option 2, below, to apply.<br />
Option 1<br />
Pay to the beneficiary’s issue<br />
Option 2<br />
Add in the same proportions to the shares of the other<br />
beneficiaries named in this Section.<br />
Beneficiary 2<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Age gift of residue to be paid (if other than 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Share to receive (for example, 100 per cent, half, etc.)<br />
Please indicate what you would like to happen to this<br />
share if the beneficiary passes away before you. If you do<br />
not provide alternative wishes, it will be assumed that<br />
you wish Option 2, below, to apply.<br />
Option 1<br />
Pay to the beneficiary’s issue<br />
Option 2<br />
Add in the same proportions to the shares of the other<br />
beneficiaries named in this Section<br />
Please note: If you are leaving a gift or gifts to charity, please include full name(s), address(es) and charity number(s).<br />
16
Beneficiary 3<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Age gift of residue to be paid (if other than 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Share to receive (for example, 100 per cent, half, etc.)<br />
Please indicate what you would like to happen to this<br />
share if the beneficiary passes away before you. If you do<br />
not provide alternative wishes, it will be assumed that<br />
you wish Option 2, below, to apply.<br />
Option 1<br />
Pay to the beneficiary’s issue<br />
Option 2<br />
Add in the same proportions to the shares of the other<br />
beneficiaries named in this Section<br />
Beneficiary 4<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Age gift of residue to be paid (if other than 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Share to receive (for example, 100 per cent, half, etc.)<br />
Please indicate what you would like to happen to this<br />
share if the beneficiary passes away before you. If you do<br />
not provide alternative wishes, it will be assumed that<br />
you wish Option 2, below, to apply.<br />
Option 1<br />
Pay to the beneficiary’s issue<br />
Option 2<br />
Add in the same proportions to the shares of the other<br />
beneficiaries named in this Section<br />
Please note: If you are leaving a gift or gifts to charity, please include full name(s), address(es) and charity number(s).<br />
17
Section 7 – Alternative wishes: Distribution of the residue of your estate<br />
You do not have to complete this Section. However, it is important that you consider completing<br />
this Section if there is a possibility that all of the beneficiaries of the residue of your estate<br />
detailed in Section 6 might not survive you.<br />
Would you like your will to name<br />
alternative beneficiaries? Yes No<br />
If yes, please indicate one option below:<br />
Option 1<br />
The estate to be divided, with one half going to your brothers<br />
and sisters and the other half to your partner’s brothers and<br />
sisters. Please note: Delete wording as necessary, for example,<br />
if you have no brothers, delete the word ‘brothers’.<br />
Option 2<br />
The estate to be divided, with one half going to your parents<br />
equally (or to your brothers and sisters if both parents pass<br />
away before you) and the other half to your partner’s parents<br />
(or his/her brothers and sisters if both his/her parents pass<br />
away before you). Please note: Amend this wording as<br />
appropriate to your circumstances.<br />
If you selected Option 1 or 2 above, it will be assumed<br />
that you wish the principle that a child will receive<br />
his/her deceased parents’ share to be followed all<br />
the way down the family tree.<br />
Option 3<br />
The estate to be divided amongst the following people in<br />
the proportions given. Please give their full name(s),<br />
address(es) and the shares of the estate they are to<br />
receive in the space provided. If there is insufficient space,<br />
please add extra sheets.<br />
Alternative beneficiary 1<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Age gift of residue to be paid (if other than 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Share to receive (for example, 100 per cent, half, etc.)<br />
Please indicate what you would like to happen to this<br />
share if the beneficiary/beneficiaries pass away before<br />
you. If you do not provide alternative wishes, it will be<br />
assumed that you wish Option 2, below, to apply.<br />
Option 1<br />
Pay to the beneficiary’s issue<br />
Option 2<br />
Add in the same proportions to the shares of the other<br />
beneficiaries named in this Section<br />
Please note: If you are leaving a gift or gifts to charity, please include full name(s), address(es) and charity number(s).<br />
18
Alternative beneficiary 2<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Age gift of residue to be paid (if other than 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Share to receive (for example, 100 per cent, half, etc.)<br />
Please indicate what you would like to happen to this<br />
share if the beneficiary/beneficiaries pass away before<br />
you. If you do not provide alternative wishes, it will be<br />
assumed that you wish Option 2, below, to apply.<br />
Option 1<br />
Pay to the beneficiary’s issue<br />
Option 2<br />
Add in the same proportions to the shares of the other<br />
beneficiaries named in this Section<br />
Alternative beneficiary 3<br />
First name(s)<br />
Surname<br />
Address<br />
Postcode<br />
Age of beneficiary (if under 18)<br />
Age gift of residue to be paid (if other than 18)<br />
Relationship (if any) to you<br />
Relationship (if any) to your partner<br />
Share to receive (for example, 100 per cent, half, etc.)<br />
Please indicate what you would like to happen to this<br />
share if the beneficiary/beneficiaries pass away before<br />
you. If you do not provide alternative wishes, it will be<br />
assumed that you wish Option 2, below, to apply.<br />
Option 1<br />
Pay to the beneficiary’s issue<br />
Option 2<br />
Add in the same proportions to the shares of the other<br />
beneficiaries named in this Section<br />
Please note: If you are leaving a gift or gifts to charity, please include full name(s), address(es) and charity number(s).<br />
19
Section 8 – Declaration<br />
You must read and sign this Section. If you fail to do this, we cannot prepare your will(s).<br />
Please tick as appropriate<br />
Please prepare a will for me/us4 reflecting the instructions<br />
contained in this form and on the basis of the General Terms<br />
and Conditions for this service, a copy of which I/we4 acknowledge to have received and read. I/We4 confirm<br />
that I/we4 agree to the Terms and Conditions.<br />
If I/we4 have chosen to appoint Barclays as my/our4 executor<br />
and/or trustee, I/we4 further acknowledge that I/we4 have<br />
received and read both the Terms and Conditions for Trust,<br />
Fiduciary, Fund Administration and Corporate Services of<br />
Barclays Wealth and the applicable Schedule of Fees.<br />
Fee options<br />
Only one of the following will apply to you. I/We4 agree to<br />
pay the following (please tick the relevant boxes):<br />
Option 1<br />
If Barclays Will Writing has not prepared a will for you in the<br />
past the fees are:<br />
Single will – £90 inclusive of VAT<br />
Mirror wills – £135 inclusive of VAT<br />
Please attach a cheque payable to Irwin Mitchell or provide<br />
your credit/debit card details on the opposite page.<br />
Option 2<br />
If Barclays Will Writing has prepared a will for you in the past<br />
and you now wish to amend it the fees are:<br />
Single will amendment – £60 inclusive of VAT<br />
Mirror wills amendments – £90 inclusive of VAT<br />
4 Delete as appropriate.<br />
Please complete the following for Option 2 only:<br />
I/We4 confirm the attached is a copy of the last will(s)<br />
prepared by you for me/us4 and that no changes were<br />
made prior to or after its execution<br />
I/We4 confirm I/we4 have not signed codicil(s) to<br />
my/our wills as attached<br />
I/We4 confirm that the instructions set out in this form<br />
to amend my/our4 will(s) are based on the attached<br />
copy will(s)<br />
Please attach a cheque payable to Irwin Mitchell or provide<br />
your credit/debit card details on the opposite page.<br />
20
Payment details<br />
Pay by (please tick one) Visa Mastercard Switch Delta<br />
Card number<br />
Cardholder’s name<br />
Start date M M / Y Y Y Y Expiry date M M / Y Y Y Y<br />
Issue number (if Switch) Security code<br />
Signature of cardholder<br />
Date D D / M M / Y Y Y Y<br />
Important note for all clients<br />
Please ensure that you sign below. Your signature(s)<br />
authorise us to prepare will(s) based on these instructions.<br />
Signature of applicant<br />
Print name<br />
Date D<br />
D / M M / Y<br />
Signature of spouse/civil partner/partner (only required if<br />
mirror wills are to be prepared)<br />
Print name<br />
Date D D / M M / Y<br />
Y<br />
Y<br />
Y<br />
Y<br />
Y<br />
Y<br />
Please note: Your details are held by Barclays Bank Trust<br />
Company and Irwin Mitchell as joint data controllers. Your<br />
details may be passed by Barclays to their agents or their<br />
third party administrators.<br />
You have the right of access to your personal records held<br />
on Barclays Bank Trust Company’s and Irwin Mitchell’s files<br />
by written request to The Data Protection Co-ordination<br />
Officer, Barclays Wealth Estates & Trusts, Osborne Court,<br />
Gadbrook Park, Northwich, Cheshire, CW9 7UE and<br />
The Compliance Officer, Irwin Mitchell, Riverside East,<br />
2 Millsands, Sheffield, S3 8DT.<br />
If you do not wish to receive details of products and services<br />
from Barclays Bank Trust Company Limited and other<br />
members of the Barclays Group, please write to us at the<br />
above address providing your full name, address and<br />
product or service details.<br />
21
Section 9 – Checklist<br />
Please send your completed Will Instruction Form in the enclosed pre-paid envelope to:<br />
Freepost RRTS-AKAH-KKSE, Barclays Will Writing Service, Irwin Mitchell Solicitors,<br />
Riverside East, 2 Millsands, Sheffield, S3 8DT.<br />
Please confirm the following before you send this form:<br />
1. Have you fully completed Sections 1, 3, 6 and 8<br />
of this form?<br />
2. Have you completed all other Sections as required?<br />
3. Have you enclosed your payment, or provided<br />
payment details, as specified in Section 8?<br />
4. Have you given us full names (first names and<br />
surnames) for everybody mentioned in the form?<br />
5. Periodically Barclays Will Writing Service seeks feedback<br />
from clients who have had wills prepared by the service.<br />
Would you be prepared to complete a short questionnaire<br />
if asked?<br />
You Yes No<br />
Your partner Yes No<br />
6. If this is the first time that you have used Barclays Will<br />
Writing Service, please indicate how you heard about<br />
our services. If this was via your Barclays banking<br />
branch, please include your branch sort code details<br />
below.<br />
2 Helpline available 9am to 5pm Monday to Friday. Calls charged at local rates.<br />
The Barclays Will Writing Service aims to send your will(s)<br />
within approximately ten working days of Irwin Mitchell<br />
receiving your Will Instruction Form. Please allow for<br />
seasonal postal delays. Irwin Mitchell will include with your<br />
will, notes on the signing procedures, the clauses in the<br />
will(s) etc.<br />
Irwin Mitchell always aim to achieve the ten working day<br />
turn-around, but will action your application in the quickest<br />
possible time. Some times of the year are busier than others,<br />
and at these times the ten-day target may be exceeded.<br />
If you do not receive the documents within this period<br />
please contact the Barclays Will Writing helpline on<br />
08457 585 4432 .<br />
Please use the Barclays Will Writing helpline number above<br />
if you have any queries or problems in completing the form.<br />
Bank use only<br />
Sort and outlet code<br />
Staff number<br />
Staff name<br />
Adviser number<br />
Adviser name<br />
Mail van code<br />
Branch address<br />
22
This item can be provided in Braille, large print or audio by calling 0800 400 100* (via TextDirect if appropriate).<br />
If outside the UK please call: +44(0)1624 684 444**.<br />
*Lines are open 8am to 8pm UK time Monday to Friday and 9am to 5pm UK time Saturday and UK bank<br />
holidays. Calls to 0800 numbers are free if made from a UK landline.<br />
**Lines are open 8am to 6pm UK time Monday to Friday excluding UK bank holidays.<br />
Call costs may vary – please check with your telecoms provider. Calls may be recorded so that we can monitor<br />
the quality of our service and for security purposes.<br />
Barclays Wealth is the wealth management division of Barclays and operates through Barclays Bank PLC and its subsidiaries.<br />
Barclays Wealth Estates and Trusts is a trading name of Barclays Fiduciary Services (UK) Ltd (Registered No. 2362041) and Barclays Bank Trust Company Ltd (Registered No. 920880).<br />
Both are registered in England with registered offices at 1 Churchill Place, London E14 5HP. Barclays Bank Trust Company Ltd is authorised and regulated by the Financial Services<br />
Authority.<br />
Irwin Mitchell is operated by Irwin Mitchell LLP which is a limited liability partnership registered in England and Wales, company number OC343897. Other than in Scotland, Irwin<br />
Mitchell is regulated by the Solicitors Regulation Authority, registration number 51747.<br />
Item Ref: BWL0376. January 2010
<strong>BARCLAYS</strong> <strong>WEALTH</strong> <strong>ESTATES</strong> & <strong>TRUSTS</strong><br />
Will Writing Service<br />
Making it easier for you, now and in the future
Contents<br />
Will writing – made easy 1<br />
Why should you make a will? 2<br />
About the Barclays Will Writing Service 3<br />
How the Barclays Executorship Service can help 4<br />
Guidance notes 6<br />
Make a difference 10<br />
The service promise to you 12
Will writing – made easy<br />
At Barclays Wealth, we understand that wealth means different things to different people and<br />
believe that no-one is better placed to help you acquire wealth, use and enjoy it, protect it and<br />
pass it on.<br />
Making a will is one of the most important things you can do<br />
to help ensure your estate is passed on in accordance with<br />
your wishes. And at Barclays Wealth, we aim to make the<br />
process as straightforward and easy to follow as possible.<br />
The service we offer<br />
This pack is your first step towards making or updating<br />
your will:<br />
• Simply complete the Will Instruction Form – it should not<br />
take you more than 30 minutes – and return it in the<br />
enclosed pre-paid envelope<br />
• Your will(s) should usually be prepared within ten<br />
business days of receipt of your instructions by our<br />
partners Irwin Mitchell solicitors<br />
• Irwin Mitchell send the will(s) to you for signing and<br />
witnessing – the process is then complete<br />
We pride ourselves on the quality of service provided.<br />
With a dedicated helpline offering information and guidance,<br />
you will find full details of the service in this brochure.<br />
If you need any assistance with the completion of the<br />
enclosed Will Instruction Form, please ring the Barclays Will<br />
Writing helpline on 08457 585 443*.<br />
We look forward to helping you with this important matter.<br />
*Helpline available 9am to 5pm Monday to Friday. Calls charged at<br />
local rates.
Why should you make a will?<br />
A will is the only way to ensure your wishes are carried out and your estate passes on to<br />
future generations in the way that you intend.<br />
Making a will and ensuring that it is kept up-to-date is an<br />
essential part of estate planning. Most of us would not want<br />
to leave things to chance with our own financial situation.<br />
That is why many of us save for the future, make provision<br />
for our pensions and insure ourselves, our houses and our<br />
possessions. As well as planning for the future, by making a<br />
will you can also plan for the future of those that you care<br />
most about.<br />
What if I do not have a will?<br />
A will enables you to decide who should receive what from<br />
your estate rather than leaving it to chance that your estate<br />
will pass as you would wish.<br />
If you pass away without a will, your estate passes under<br />
the laws of intestacy. This can have surprising results.<br />
For example, if you are married or in a civil partnership your<br />
spouse may not receive all of your assets. Alternatively,<br />
if you live with someone but are not married or in a civil<br />
partnership with them, they will receive nothing automatically.<br />
Please note: Throughout this brochure we make references<br />
to ‘spouse’. In this context it includes husband, wife or<br />
civil partner.<br />
How can I provide for my children?<br />
If you have children who are minors, it is important to<br />
appoint guardians to look after them should anything<br />
happen to you.<br />
You may be concerned about protecting your assets should<br />
your spouse remarry after your death or if you have children<br />
from a previous relationship. One way to do this is to give<br />
your spouse a life interest in your estate. This means that<br />
*Helpline available 9am to 5pm Monday to Friday. Calls charged at local rates.<br />
your spouse will be able to receive the income only from<br />
your estate (including the right to live in the family home),<br />
and on their death, capital will be paid to other beneficiaries,<br />
usually your children.<br />
However, in many cases, an absolute gift to your spouse is<br />
appropriate if you are confident your spouse will provide for<br />
your children.<br />
If you would like further information about how this can be<br />
incorporated in your will, please call the Barclays Will Writing<br />
helpline on 08457 585 443*.<br />
How will my estate be administered?<br />
In your will you need to appoint an executor who will have<br />
responsibility for administering your estate and carrying out<br />
your wishes. This is an important responsibility. It can be a<br />
complicated and time-consuming role, and will invariably<br />
require specialist knowledge and skills. Barclays can assist<br />
you by acting as your executor. You will find further details<br />
of the service that Barclays provides on page 4.<br />
How often should I update my will?<br />
It is important that you review your will regularly to ensure<br />
that it reflects your current wishes and takes into account<br />
changes in both your own circumstances and those of your<br />
intended beneficiaries. A birth in the family, marriage,<br />
bereavement, divorce or separation as well as changes in<br />
financial circumstances may require changes to be made<br />
to your will.<br />
2
About the<br />
Barclays Will Writing Service<br />
It is our aim to make the process of making a will as straightforward and easy<br />
to follow as possible.<br />
The Barclays Will Writing Service is offered in connection<br />
with Irwin Mitchell solicitors, one of the leading providers of<br />
will writing services in the UK.<br />
To assist you with the completion of the Will Instruction<br />
Form, we explain some of the choices available to you and<br />
have provided helpful guidance notes within this brochure.<br />
These notes follow the same order as the Will Instruction<br />
Form and explain the meaning of certain terms and<br />
expressions as you come across them.<br />
Once you have completed the Will Instruction Form<br />
enclosed, please send it directly to Irwin Mitchell solicitors<br />
in the pre-paid envelope provided. Irwin Mitchell will then<br />
prepare your will and send this to you. If appropriate, Irwin<br />
Mitchell will be able to provide you with any advice required<br />
and any related legal services relevant to the preparation of<br />
your will. If additional costs are involved, they will advise you<br />
of this before work is commenced.<br />
The Barclays Will Writing Service is very competitively priced<br />
(see below), enabling you easily to move forward in ensuring<br />
that your estate is passed on in accordance with your wishes.<br />
All prices are inclusive of VAT.<br />
Single will £90<br />
Standard<br />
service<br />
Mirror wills (for married couples/partners) £135<br />
Single will amendment £60<br />
Mirror will amendment £90<br />
*Helpline available 9am to 5pm Monday to Friday. Calls charged at local rates.<br />
Barclays has a financial arrangement with Irwin Mitchell<br />
for wills prepared through the Barclays Will Writing Service.<br />
A percentage of the total will charges detailed will be paid to<br />
Barclays inclusive of VAT. These are currently up to £25.37<br />
for a single will (£27.69 for an amendment) and £29.25 for<br />
mirror wills (£43.00 for mirror will amendments). Prices and<br />
fee share arrangements are subject to change.<br />
Complex will arrangements<br />
In some cases your will instructions may be too complex to<br />
be accommodated through the standard Barclays Will Writing<br />
Service, for example, if you are intending to include certain<br />
types of trust structure in your will, are considering tax<br />
planning or more comprehensive legal advice is required.<br />
If this should occur then there may be costs in addition to the<br />
fees shown above. Irwin Mitchell will provide an estimate of<br />
the cost of additional work to you for agreement before any<br />
work is commenced.<br />
Any questions?<br />
If you need help in completing the Will Instruction<br />
Form, please call the Barclays Will Writing helpline on<br />
08457 585 443*.<br />
3
How the Barclays Executorship<br />
Service can help<br />
When you make a will through the Barclays Will Writing Service, you need to tell us (by<br />
completing Section 3 of the Will Instruction Form) who you wish to appoint as your executor.<br />
An executor is the person who will be responsible for administering your estate and carrying<br />
out your wishes. It can be a complicated and time-consuming job so you need to think<br />
carefully about who the best person will be.<br />
Appointing Barclays as your executor will relieve someone of<br />
a great number of responsibilities, including:<br />
• registering the death and arranging the funeral<br />
(if required)<br />
• identifying and tracing the assets of the estate<br />
• interpreting the terms of the will (in light of family<br />
circumstances when you pass away) and establishing<br />
contact with those entitled<br />
• obtaining a Grant of Probate (which proves the will<br />
is valid)<br />
• agreeing and settling lifetime tax liabilities<br />
• collecting the assets and paying debts<br />
• administering assets at home and abroad, such as<br />
property and businesses, until they can be sold or<br />
transferred<br />
• agreeing and settling liability to Inheritance Tax and<br />
preparing estate tax returns<br />
• distributing the estate to the beneficiaries<br />
• acting as trustee of any trusts arising under the will<br />
• preparing all necessary accounts and documentation<br />
At Barclays we have considerable experience in all these areas.<br />
If you appoint us as your executor you can relax, confident in<br />
the knowledge that your estate will be in safe hands.<br />
*Helpline available 9am to 5pm Monday to Friday. Calls charged at local rates.<br />
What we offer<br />
• Safe custody of your will(s) free of charge<br />
• Impartial and continuous service<br />
• Experienced staff, trained in legal and financial matters<br />
• A personal administrator<br />
• A reputation for integrity<br />
• The resources of the Barclays Bank PLC worldwide<br />
banking network<br />
Next step<br />
If you would like to appoint Barclays as an executor under<br />
your will, you simply need to tick one of the appropriate<br />
options in Section 3 of the Will Instruction Form. The option<br />
you select will depend on whether you wish Barclays to act<br />
as sole executor, jointly with another or subject to someone<br />
else being unwilling or unable to act. Full Terms and<br />
Conditions and details of our charges for this service are<br />
enclosed within this Will Writing pack.<br />
If you have any further queries regarding<br />
Barclays Executorship Service then please call the<br />
Barclays Will Writing helpline on 08457 585 443*.<br />
4
Guidance notes<br />
If you require additional guidance, more information or to speak to Irwin Mitchell solicitors<br />
please contact the Barclays Will Writing helpline on 08457 585 443*.<br />
Domicile<br />
Domicile is a complex legal concept that for UK purposes<br />
determines the legal system under which your will is to be<br />
interpreted and administered. For most people their residence<br />
and domicile are the same as the country in which they live.<br />
However if you or your parents were born outside England<br />
and Wales, or you intend to live permanently outside England<br />
and Wales, you should consider taking legal advice. The<br />
will(s) prepared for you by the Barclays Will Writing Service<br />
are on the basis that you are domiciled in England and Wales.<br />
Civil partners<br />
Civil partners are a same-sex couple who have registered<br />
a civil partnership in England and Wales and whose<br />
partnership has not subsequently terminated through<br />
death, dissolution or annulment.<br />
Property held jointly<br />
Under English law there are two methods of jointly<br />
owning property:<br />
1. Under a beneficial joint tenancy the entire property<br />
passes to the survivor(s) on a death<br />
2. Under a tenancy-in-common a person’s share of the<br />
property can pass under the terms of their will or<br />
intestacy<br />
If required, Irwin Mitchell can advise you on how you own<br />
property jointly with another.<br />
If you and your spouse or partner have together decided to<br />
include in your wills any specific gifts of houses or land or<br />
other property that you own jointly with each other as<br />
beneficial joint tenants, and these gifts in the wills are not<br />
to your co-owner, you will need to change the way in which<br />
you own the property jointly. Irwin Mitchell solicitors can<br />
help you with this.<br />
*Helpline available 9am to 5pm Monday to Friday. Calls charged at local rates.<br />
Inheritance Tax<br />
If you are domiciled in the UK, Inheritance Tax (IHT) is the tax<br />
payable on your estate when you pass away and on certain<br />
lifetime gifts. Wills can be an important tool in helping to<br />
reduce potential liability to IHT. Barclays can provide a more<br />
detailed guide about IHT.<br />
Where you wish a surviving spouse or a charity (both of<br />
which are usually exempt from IHT) to share the residue of<br />
your estate with other people (who are not exempt from IHT),<br />
any IHT liability attributable to residue will be deducted only<br />
from the shares of those other people so that the entitlement<br />
of the spouse or charity will not be affected by any IHT.<br />
Gifts to children<br />
There is space on the Will Instruction Form to specify at<br />
what age you would like your children to receive payments<br />
from residue. If you choose 18 years and you are the parent<br />
or step-parent of the child in question there should be no<br />
problem. If on the other hand you choose an age greater<br />
than 18 or you are not the parent or step-parent of the child<br />
in question there may be IHT implications of the gift if your<br />
estate exceeds the IHT nil rate band. If any of these<br />
circumstances apply to you, Irwin Mitchell can advise you<br />
about the implications.<br />
Under wills prepared by the Barclays Will Writing Service,<br />
if you make a specific gift (other than residue, for example<br />
a cash gift) to any of your children and they pass away<br />
before you, the gift to them will fail and fall into the residue<br />
of your estate. However, under Sections 6 and 7 of the Will<br />
Instruction Form, any share of the residue of your estate<br />
that passes to your children can pass to their children if they<br />
pass away before you so long as you choose this option.<br />
6
Section 1<br />
Mirror will<br />
A will which contains almost identical terms to your will.<br />
Many spouses/partners have mirror wills in which they leave<br />
their estate to the same beneficiaries named in both wills to<br />
benefit on the death of the surviving spouse/partner. The<br />
survivor can however still change the terms of their will after<br />
the death of the first to pass away.<br />
Wills in expectation of marriage/civil partnership<br />
If you and your partner intend to get married soon your<br />
will(s) can be made ‘in expectation of your marriage’ which<br />
means it/they will be valid before and after the marriage<br />
takes place. Marriage would otherwise cancel a will. The<br />
same principle applies for partners intending to form a civil<br />
partnership.<br />
Foreign assets<br />
Unless you specify otherwise, your will is prepared to cover<br />
your worldwide assets and will cancel any other will (even<br />
one made to cover assets outside of England and Wales).<br />
However the law of the country in which the assets are<br />
situated may limit the effectiveness of any gift under your<br />
will. If you have assets outside England and Wales you<br />
should seek advice in the country where those assets are<br />
situated.<br />
If you already have a foreign will which is to remain in force<br />
or you are arranging for a foreign will to be prepared please<br />
fill in the details in Section 1 of the Will Instruction Form.<br />
The value of your estate<br />
Please tell us the value of your estate. If you have asked<br />
for mirror wills to be prepared, please show the combined<br />
value of your assets. The value does not need to be exact.<br />
An estimation of the band into which you believe the value<br />
of your estate will fall is sufficient. When giving the value<br />
please consider the following:<br />
1. Property owned jointly with any other person usually<br />
passes to the survivor on the first death, regardless of the<br />
terms of the will. If you wish to ensure that this does not<br />
happen and for the property to instead pass under your<br />
will you will need to change the way in which you own<br />
the property jointly. Otherwise assets in your sole name<br />
only will usually pass under the terms of your will.<br />
2. If you have a pension fund, depending on the type of<br />
pension arrangement, death benefits may either pass into<br />
your estate or be paid at the discretion of the pension<br />
fund trustees direct to your dependants. You should<br />
check with your pension provider how any benefits can<br />
be dealt with following your death.<br />
3. Life assurance policies, if written in trust, are payable to<br />
the person(s) named in the policy and not under your will.<br />
Section 3<br />
Executors and trustees<br />
Person or persons who will administer your estate on your<br />
death and will ensure that your wishes are carried out. You<br />
can choose up to four executors although two is normally<br />
enough, or one if you wish to appoint a professional<br />
executor. If you want to put money in a trust for children<br />
under 18, say, the executors/trustees will be responsible<br />
for managing this sum.<br />
Executors must be 18 or over and should be capable of dealing<br />
with complex issues. For this reason, we recommend a<br />
professional executor such as Barclays. See further details on<br />
page 4 of this brochure about the service Barclays provides.<br />
7
Section 4<br />
Guardians<br />
These are people who will look after your children (if under<br />
18 years old) at the time of your death. A surviving parent<br />
from a marriage has certain parental rights over the<br />
guardianship of his/her children, so you do not need to<br />
name them. If you are not married to the other parent of<br />
your child you are advised to state your wishes with regard<br />
to guardianship, even if the person you wish to appoint is<br />
your child’s other parent, but no advice can be given by us<br />
as to the effectiveness of your wishes. Guardians must be<br />
18 or over.<br />
A civil partner who has parental responsibility for a child<br />
may appoint another individual to be the child’s guardian.<br />
If the person appointed is a civil partner, the appointment<br />
is automatically cancelled if the civil partnership is dissolved<br />
or revoked.<br />
However in most cases such an appointment will not take<br />
effect until the death of the surviving parent. The guardian<br />
is responsible for the welfare and upbringing of the child.<br />
Liaison between the trustee and the guardian is required<br />
to plan for the child’s financial future. The will includes wide<br />
powers to enable your trustees to release both capital and<br />
income to assist with maintenance, education or benefit of<br />
any child in the care of a guardian.<br />
Section 5<br />
A legacy – a gift which you wish to leave a person(s) or<br />
organisation under your will.<br />
There are several types of legacy including:<br />
• a money legacy, for example £1,000 to Mr X<br />
• a specific legacy, for example, ‘my gold wedding ring to<br />
my daughter’<br />
It is important to describe the item(s) accurately to avoid<br />
confusion. Unless you indicate otherwise the will is prepared<br />
so that any beneficiary under the age of 18 will receive that<br />
legacy at 18 together with all interest and appreciation<br />
accruing up to that age.<br />
For gifts of a specific item and gifts of a cash sum of £5,000<br />
or less (detailed in Section 5(a) and 5(b) respectively, of the<br />
Will Instruction Form), your will shall be prepared so that the<br />
gift will be made absolute to that beneficiary whatever their<br />
age at the time of your death.<br />
If you leave a house or flat, in sole ownership, to a<br />
beneficiary you should state whether it should be passed<br />
to them with any outstanding mortgage liability, or whether<br />
such a liability should be paid by your estate first (called<br />
‘free of mortgage’) if there are sufficient funds.<br />
Unless you state that the gift of any property is to pass<br />
‘free of mortgage’, your will is prepared on the basis that any<br />
outstanding mortgage/liability will be the responsibility of<br />
the beneficiary who receives the property.<br />
If you ever sell or move from the house/flat you specify<br />
as a gift, it is important that you review your will. You can<br />
however state that any private residence you own on death<br />
passes to the named beneficiary or beneficiaries.<br />
8
A gift of a sum of money or a specific item of property<br />
will not take effect if the intended recipient passes away<br />
before you. If that happens, that gift will form part of your<br />
residuary estate and be disposed of in accordance with your<br />
wishes outlined in Sections 6 and 7. You may find that is<br />
acceptable with your wishes but if it is not, please indicate<br />
on the form your intended substitute beneficiaries.<br />
Section 6<br />
Residue<br />
This is what’s left of your estate after funeral expenses,<br />
inheritance and other taxes, debts and liabilities, legal<br />
costs, executor’s fees, legacies and other costs have been<br />
deducted. You must name a beneficiary or beneficiaries to<br />
inherit the residue in every will, as it is unlikely that your<br />
estate can be disposed of by specific gifts alone.<br />
Issue<br />
This means children, their children and so on all the way<br />
down the family tree.<br />
Section 7<br />
Alternative wishes – we recommend that you specify reserve<br />
beneficiaries in the event that all the named beneficiaries of<br />
the residue of your estate, indicated in Section 6, pass away<br />
before you. If not, your estate could pass under the laws of<br />
intestacy. You may, for example, wish to leave half your estate<br />
to your parents, the remaining half to your partner’s parents.<br />
If they pass away you could specify that brothers and sisters<br />
inherit (or their issue). Alternatively, you may want to name<br />
a charity/charities. The choice is yours.<br />
*Helpline available 9am to 5pm Monday to Friday. Calls charged at local rates.<br />
Section 8<br />
The Declaration<br />
Your will cannot be prepared without a signed Declaration.<br />
For mirror wills, both partners must sign. Please read the<br />
Declaration carefully before signing.<br />
The Barclays Will Writing Service aims to send you your<br />
will(s) within approximately ten working days of Irwin<br />
Mitchell receiving your Will Instruction Form. Please allow<br />
for seasonal postal delays. Irwin Mitchell will include notes<br />
explaining the signing procedure, the clauses in the will,<br />
and so on.<br />
If you do not receive the documents within this period<br />
please call the Barclays Will Writing helpline on<br />
08457 585 443*.<br />
9
Make a difference<br />
Remember a charity in your will. Money left in wills is the biggest source of income for<br />
charities in the UK. These donations enable charities to continue to deliver their vital<br />
services, upon which so many people and projects depend.<br />
When planning a will, you should think of your family and<br />
friends first – but would you also like to leave something to<br />
a charity you support?<br />
By including a gift, no matter how large or small, to your<br />
favourite charity or charities, you can be sure your chosen<br />
charity or charities can continue with their good works after<br />
your death.<br />
Many people support charities during their lifetime and<br />
leaving a gift in your will enables the charity to use the gift<br />
for its purposes. There are many charities doing all sorts of<br />
good works and your gift in your will can assist them. A free<br />
Will Guide providing advice on all aspects of leaving money<br />
to charity in a will is available from ‘Remember a Charity’, a<br />
campaign run by more than 100 UK charities. For a copy of<br />
this guide call 0808 1802 080 or visit<br />
www.rememberacharity.org.uk<br />
Leave the world a better place by leaving a bequest to a<br />
charity in your will with the assistance of the Barclays Will<br />
Writing Service.<br />
How do I leave money or assets to a charity in my will?<br />
All you need to do is include the charity or charities you<br />
want to benefit in Sections 5, 6 or 7 of the enclosed Will<br />
Instruction Form, setting out an accurate description of the<br />
gift and the full name of the charity and its address and<br />
charity number if you know it. If it is your wish that the gift<br />
is used for local or specific purposes by the charity please<br />
add this to the Will Instruction Form.<br />
What can I leave to a charity?<br />
You can leave anything of value – it does not have to be<br />
money. You could leave jewellery, furniture, property, shares,<br />
art as well as a cash sum. Whatever you leave, however<br />
large or small, it is likely to be welcomed by the chosen<br />
charity and used by them to further their work.<br />
What if I do not know the name of the charity I want<br />
to benefit?<br />
A gift to a charity is best worded so that a specific charity<br />
is named in your will. If you need further details contact the<br />
‘Remember a Charity’ campaign by calling 0808 1802 080<br />
or visit www.rememberacharity.org.uk where you’ll find a<br />
list of all the charities who are part of the campaign with<br />
Barclays and others. If you do not have access to the internet<br />
please ring ‘Remember a Charity’ and they will send you a<br />
list of the supporting charities. Your local library will have a<br />
list of charities registered with the Charity Commission.<br />
What are the tax benefits of leaving money to a charity?<br />
When you pass away the assets of your estate are added<br />
up, and if your estate is valued at more than your available<br />
Inheritance Tax (IHT) nil rate band, then there may be an<br />
IHT liability subject to various exemptions and reliefs. We<br />
cannot give advice on your specific Inheritance Tax queries.<br />
Any gifts you make in your will to a UK charity should<br />
normally be exempt from IHT so the charity will receive the<br />
full amount you bequeath, subject to there being sufficient<br />
assets in your estate.<br />
Do I need to tell the charity I have included in my will a<br />
gift to the charity?<br />
No, but if you wish to, please contact the charity to let them<br />
know. They will be pleased to hear of your support and will<br />
be able to advise you on the best way to proceed should<br />
you have specific requirements in connection with your gift<br />
or your gift is of a special nature.<br />
10
The service promise to you<br />
Barclays prides itself on the quality of service provided.<br />
Irwin Mitchell’s service standard is a commitment to<br />
providing a quality service that provides value for our<br />
clients, to meet or exceed their expectations and which<br />
they are pleased to recommend to others.<br />
At Irwin Mitchell we look to provide you with clear<br />
information and guidance and will inform you where we<br />
consider more comprehensive legal advice is required.<br />
Together with Barclays Will Writing we have developed<br />
internal client care standards specific to the Barclays Will<br />
Writing Service to ensure that we are providing you with<br />
a first class service and product.<br />
Service standards<br />
• With a dedicated helpline specifically for Barclays Will<br />
Writing Service clients, we ensure that you are directed to<br />
Irwin Mitchell’s dedicated Barclays Will Writing team. This<br />
team will answer any queries both before and as we<br />
progress your application.<br />
• We will aim to answer your call within five rings and take<br />
responsibility for assisting you.<br />
• If the person you have called is unavailable then a<br />
colleague will help. If we cannot deal with your enquiry<br />
straightaway, we will ensure that your call is returned<br />
within a timescale that will be agreed with you.<br />
• All correspondence requiring a response will be<br />
acknowledged on the day of receipt. If a full reply is not<br />
possible immediately, we will keep you fully informed until<br />
your issue is resolved.<br />
• Any expression of dissatisfaction will be considered<br />
seriously and we will ensure that we respond promptly<br />
to any complaint. Irwin Mitchell is committed to providing<br />
a professional, efficient and courteous service to all<br />
our clients.<br />
• If you feel that we have failed to achieve an acceptable<br />
standard of service we want you to tell us. We regard it<br />
as an opportunity to monitor and improve our quality of<br />
service. We will investigate your concerns objectively and<br />
try to generate a positive and speedy solution.<br />
• Upon request, we will provide details of our formal<br />
complaints process including your right to refer the issue<br />
to the Solicitors Regulation Authority for an independent<br />
review if our response to your complaint is not acceptable<br />
to you.<br />
12
This item can be provided in Braille, large print or audio by calling 0800 400 100* (via TextDirect if appropriate).<br />
If outside the UK please call: +44(0)1624 684 444**.<br />
*Lines are open 8am to 8pm UK time Monday to Friday and 9am to 5pm UK time Saturday and UK bank<br />
holidays. Calls to 0800 numbers are free if made from a UK landline.<br />
**Lines are open 8am to 6pm UK time Monday to Friday excluding UK bank holidays.<br />
Call costs may vary – please check with your telecoms provider. Calls may be recorded so that we can monitor<br />
the quality of our service and for security purposes.<br />
Barclays Wealth is the wealth management division of Barclays and operates through Barclays Bank PLC and its subsidiaries.<br />
Barclays Wealth Estates and Trusts is a trading name of Barclays Fiduciary Services (UK) Ltd (Registered No. 2362041) and Barclays Bank Trust Company Ltd (Registered No. 920880).<br />
Both are registered in England with registered offices at 1 Churchill Place, London E14 5HP. Barclays Bank Trust Company Ltd is authorised and regulated by the Financial Services Authority.<br />
Irwin Mitchell is operated by Irwin Mitchell LLP which is a limited liability partnership registered in England and Wales, company number OC343897. Other than in Scotland, Irwin Mitchell is<br />
regulated by the Solicitors Regulation Authority, registration number 51747.<br />
Item Ref: BWL0378. January 2010
<strong>BARCLAYS</strong> <strong>WEALTH</strong> <strong>ESTATES</strong> & <strong>TRUSTS</strong><br />
Will Writing Service<br />
General Terms and Conditions<br />
1. Interpretation<br />
In these Terms and Conditions:<br />
(a) ‘BWW’ means Barclays Will Writing or its agent or any<br />
third party instructed by Barclays Will Writing to act on<br />
its behalf in the provision of the Will Writing Service<br />
other than Irwin Mitchell.<br />
(b) BWW is a trading name of Barclays Bank Trust Company<br />
Limited.<br />
(c) ‘Irwin Mitchell’ means Irwin Mitchell Solicitors of<br />
Riverside East, 2 Millsands, Sheffield, S3 8DT.<br />
(d) ‘You’ means a person who contracts with BWW and<br />
Irwin Mitchell for the provision of a will using the Barclays<br />
Will Writing Service and includes the person’s partner<br />
where a will is also being prepared for them and ‘your’<br />
shall be construed accordingly.<br />
(e) ‘Partner’ means a person’s husband, wife, civil partner<br />
or partner.<br />
(f) ‘Barclays Additions’ includes the Additions account,<br />
Additions Plus account, Additions Active account,<br />
Premier Life account and any other Barclays account<br />
under which the account holder is entitled to a free will<br />
in accordance with its Terms.<br />
(g) ‘We’, ‘us’ and ‘our’ means BWW and Irwin Mitchell.<br />
(h) These Terms and Conditions are governed by and will be<br />
construed in accordance with English law.<br />
2. BWW’s role<br />
(a) Barclays Will Writing Service is a referral service whereby<br />
BWW will provide the Will Instruction Form and Irwin<br />
Mitchell is responsible for the provision of wills.<br />
(b) Where the completed Will Instruction Form is returned to<br />
BWW, BWW will forward it to Irwin Mitchell and will have<br />
no further involvement in the will writing process.<br />
(c) Where the completed Will Instruction Form is received<br />
direct by Irwin Mitchell, BWW will have no involvement in<br />
the will writing process other than the provision of the<br />
Will Instruction Form.<br />
(d) Will instructions are only accepted on a ‘BWW Will<br />
Instruction Form’ or such similar form as BWW may supply.<br />
(e) Instructions by fax or email are not accepted by BWW.<br />
(f) Documents provided to you by BWW will be sent by first<br />
class post to the address provided by you.<br />
(g) All communication following the receipt by Irwin Mitchell<br />
of the Will Instruction Form will be between you and<br />
Irwin Mitchell, which includes the clarification of any will<br />
instructions. You will have a direct contractual relationship<br />
with Irwin Mitchell and Irwin Mitchell will provide you<br />
with additional information about this relationship.<br />
(h) BWW reserves the right, at their complete discretion, to<br />
decline to provide the Will Instruction Form to you.<br />
3. BWW’s limitations<br />
(a) BWW is not responsible for the preparation of your will<br />
and is under no duty to prepare your will.<br />
(b) BWW is not responsible for the verification of any of<br />
the information provided by you in the Will Instruction<br />
Form. For the avoidance of doubt, BWW is not<br />
responsible for the verification of your identity, your age<br />
or testamentary capacity.<br />
(c) From the time BWW provides the Will Instruction Form<br />
to you, or if BWW receives the completed Will Instruction<br />
Form then from the time it is forwarded to Irwin Mitchell,<br />
BWW will no longer have any responsibility to you or owe<br />
you any duties in respect of the preparation, approval or<br />
execution of your will.<br />
(d) BWW is not responsible for the provision of any advice in<br />
connection with the terms of your will or your personal<br />
circumstances and is under no duty to provide any<br />
advice to you.<br />
(e) BWW is not responsible for the supervision of the<br />
execution of your will and does not have any<br />
responsibility to ensure that it is correctly executed.<br />
(f) BWW does not have any responsibility for the future<br />
review of your will. This responsibility rests with you.<br />
4. Barclays Executorship Consultant<br />
(a) In appropriate circumstances BWW can arrange for a<br />
Barclays Executorship Consultant to assist you in<br />
completing the Will Instruction Form.<br />
5. Irwin Mitchell’s role<br />
(a) Irwin Mitchell is responsible for the provision of wills<br />
referred by BWW.<br />
(b) A solicitor/client relationship exists between you and<br />
Irwin Mitchell as soon as Irwin Mitchell receives your<br />
Will Instruction Form.<br />
(c) Irwin Mitchell is responsible for the preparation of your<br />
will after receipt of the Will Instruction Form.<br />
(d) Irwin Mitchell is responsible for the provision of advice in<br />
connection with the preparation of your will and is under<br />
a duty to provide advice to you although the provision of<br />
advice or other legal services may result in additional<br />
fees being paid by you.<br />
(e) Irwin Mitchell will only accept will instructions on a<br />
‘BWW Will Instruction Form’ or such similar form as<br />
BWW may supply.<br />
(f) Instructions by fax or email are not accepted by Irwin<br />
Mitchell.<br />
(g) From receipt of the Will Instruction Form by Irwin Mitchell<br />
all communication will be between you and Irwin Mitchell.<br />
(h) Documents provided to you by Irwin Mitchell will be sent<br />
by first class post to the address provided by you.<br />
(i) Irwin Mitchell provides wills in accordance with English<br />
law and the formalities for wills that are to be signed<br />
under English law.<br />
(j) Irwin Mitchell reserve the right, at their complete<br />
discretion, to decline to provide any will. Where Irwin<br />
Mitchell do so decline, Irwin Mitchell will refund any fees<br />
paid when Irwin Mitchell notify you of their decision.<br />
6. Irwin Mitchell’s limitations<br />
(a) Irwin Mitchell is not responsible for the verification of any<br />
of the information provided by you in the Will Instruction<br />
Form. For the avoidance of doubt, Irwin Mitchell is not<br />
responsible for the verification of your identity or your age.<br />
(b) Irwin Mitchell is not responsible for the supervision of the<br />
execution of your will and does not have any<br />
responsibility to ensure that it is correctly executed.<br />
(c) Irwin Mitchell does not have any responsibility for the<br />
future review of your will. This responsibility rests with you.
7. Fees<br />
(a) Unless you are a Barclays Additions client entitled to a<br />
free will under the Terms of your Barclays Additions<br />
account, the fee payable for the provision of your will is<br />
that shown in the Will Instruction Form completed by<br />
you. Where additional work is carried out by Irwin<br />
Mitchell for you or if your will instructions are complex,<br />
there may be costs in addition to the fee shown in the<br />
Will Instruction Form. An estimate of the cost of any<br />
additional work will be provided to you by Irwin Mitchell<br />
before any work is commenced and you will be<br />
responsible for these costs.<br />
(b) If you are a Barclays Additions client, under the Terms of<br />
your Barclays Additions account you will usually be<br />
entitled to a free will and a free annual update through<br />
the Barclays Will Writing Service (whereby the will or any<br />
codicil is prepared by Irwin Mitchell). If your will<br />
requirements are too complex to be accommodated<br />
through the standard service, BWW will make a<br />
contribution towards the payment of Irwin Mitchell’s or<br />
any other solicitor’s costs for the preparation of your will.<br />
If this should arise, you will be advised by BWW of the<br />
amount of the contribution to be made by BWW and<br />
Irwin Mitchell or the other solicitor will provide you with<br />
an estimate of any additional costs which you may be<br />
required to make before any work is commenced. For the<br />
avoidance of doubt, the contribution by BWW does not<br />
extend to the cost of any additional work carried out by<br />
Irwin Mitchell or any other solicitor. Although BWW<br />
makes this contribution towards Irwin Mitchell’s or the<br />
solicitor’s costs, BWW will not be the solicitor’s client. You<br />
will have a direct contractual relationship with the<br />
solicitors which will include, amongst other matters, you<br />
being responsible for the balance of any costs.<br />
(c) The fee applicable to you as shown in the Will Instruction<br />
Form is payable to Irwin Mitchell when your will<br />
instructions are submitted.<br />
(d) No fee is payable by you to BWW.<br />
(e) BWW has a financial arrangement with Irwin Mitchell in<br />
respect of the will instructions referred to them. Irwin<br />
Mitchell pay to BWW a fee for the administrative work<br />
involved in the preparation of the will.<br />
(f) In the event you decide not to sign a will that Irwin<br />
Mitchell has provided, any fees paid for its provision will<br />
not be refunded.<br />
(g) Irwin Mitchell will refund any fees paid in full if you<br />
request Irwin Mitchell not to proceed with your will prior<br />
to its preparation. Irwin Mitchell will provide additional<br />
information about your rights to cancel the contract for<br />
preparation of the will.<br />
8. Data Protection<br />
8.1 For the purposes of providing you with the Barclays Will<br />
Writing Service, you agree that Barclays Bank Trust Company<br />
Limited and Irwin Mitchell may share information held by<br />
either party about you (both parties will be acting as a data<br />
controller). Further information on how your information will<br />
be used is set out below.<br />
8.2 In order to provide you with products and services, we need<br />
to collect, use, share and store personal and financial<br />
information about you (‘your information’). This includes<br />
information which we:<br />
(a) obtain from you or third parties, such as employers, joint<br />
account holders, fraud prevention agencies or other<br />
organisations, when you apply for a product or service,<br />
or which you or they give to us at any other time; or<br />
(b) learn from the way your product or service is managed,<br />
from the transactions made such as the date, amount,<br />
currency and the name and type of supplier and from<br />
the payments which are made to/from your account.<br />
8.3 Where you provide personal and financial information relating<br />
to others (such as dependants, other family members, joint<br />
account holders, beneficiaries, co-trustees) you confirm that<br />
you have their consent or are otherwise entitled to provide<br />
this information to us and for us to use it in accordance with<br />
this agreement.<br />
8.4 We may record or monitor telephone calls and monitor<br />
electronic communications (including emails) between us so<br />
that we can check instructions and make sure that we are<br />
meeting our service standards. You understand that internet<br />
communications are not secure unless the data being<br />
transmitted is encrypted and that standard communications<br />
by email are not secure.<br />
8.5 Where we transfer your information to a service provider or<br />
agent in another country (including, without limitation,<br />
countries outside the European Economic Area), we will make<br />
sure the service provider or agent agrees to apply the same<br />
levels of protection as we are required to apply to your<br />
information and to use your information strictly in accordance<br />
with our instructions.<br />
8.6 We will retain information about you after the termination of<br />
this product or service or if your application is declined or<br />
abandoned for as long as permitted for legal, regulatory, fraud<br />
prevention, financial crime and legitimate business purposes.<br />
8.7 You can ask for a copy of the information we hold about you<br />
by writing to us. A fee may be charged for this service as<br />
permitted by appropriate law or regulation. Contact details are<br />
as follows:<br />
- the Data Protection Co-ordinator, Barclays Will Writing,<br />
Estate and Trust Services (address on page 3); and<br />
- the Compliance Officer, Irwin Mitchell (address in<br />
Clause 1(c)).<br />
How Barclays Bank Trust Company Limited will use your data<br />
8.8 BWW and other companies in the Barclays Group will use<br />
your information to administer the product or service, give<br />
you statements and provide our services and products, for<br />
assessment and analysis (including credit and/or behaviourscoring,<br />
market and product analysis), to prevent and detect<br />
fraud, money laundering and other crime, carry out regulatory<br />
checks and meet our obligations to any relevant regulatory<br />
authority, and to develop and improve our services to you and<br />
other clients and protect our interests.<br />
8.9 BWW and other members of the Barclays Group may use your<br />
information to inform you by letter, telephone, text (or similar)<br />
messages, digital television, email and other electronic<br />
methods, about products and services (including those of<br />
others) which may be of interest to you. You may tell BWW at<br />
any time if you do not wish to receive marketing<br />
communications from BWW and/or other members of the<br />
Barclays Group by writing to Barclays providing your full name,<br />
address and product or service details.<br />
8.10 BWW may give information about you and how your products<br />
or services are managed to the following wherever located:<br />
- other companies within the Barclays Group;<br />
- companies and organisations that provide services to us or<br />
are acting as our agents;<br />
- anyone to whom we may transfer our rights and/or<br />
obligations under this agreement;<br />
- any third party as a result of any restructure, sale or<br />
acquisition of any company within the Barclays Group,<br />
provided that any recipient uses your information for the<br />
same purposes as it was originally supplied to us and/or<br />
used by us;<br />
- your advisers (including but not limited to accountants,<br />
lawyers or other professional advisers);<br />
- to any person notified by you as authorised to give<br />
instructions or to use the service on your behalf for the<br />
purpose of managing and administering the service<br />
provided under the agreement;<br />
- to the extent reasonably necessary to enable us to perform<br />
the agreement; and/or where the Barclays Group has a<br />
duty to do so, or if law or regulation allows us to do so.
How Irwin Mitchell will use your data<br />
8.11 Irwin Mitchell will use your information to administer the<br />
product or service and provide our services, to prevent and<br />
detect fraud, money laundering and other crime, carry out<br />
regulatory checks and meet its obligations to any relevant<br />
regulatory authority or those requirements imposed by law,<br />
and to develop and improve its services to you and other<br />
clients and protect its interests. This may involve disclosing<br />
data to third parties where it may be necessary or beneficial<br />
in carrying out those services. We may also need to disclose<br />
data to third parties in order to comply with the law and<br />
regulatory requirements, or to prevent fraud or money<br />
laundering.<br />
8.12 Where authorised by you, Irwin Mitchell may disclose your<br />
information to a third party for the purposes of preparing a<br />
deed. The third-party solicitors, or such other party as Irwin<br />
Mitchell may develop a commercial relationship with from<br />
time to time, will process your information under its Terms<br />
and Conditions and not as Irwin Mitchell’s agent or service<br />
provider, but such Terms and Conditions will not prevent the<br />
third party sharing your information with Irwin Mitchell, nor<br />
prevent Irwin Mitchell processing your information as set out<br />
in this section.<br />
What to do if you have a complaint<br />
If you have a complaint concerning Irwin Mitchell<br />
If you have a complaint about the services provided by Irwin<br />
Mitchell then any expression of dissatisfaction will be considered<br />
seriously and they will ensure that they respond promptly to any<br />
complaint.<br />
Irwin Mitchell is committed to providing a professional, efficient and<br />
courteous service to all their clients. If you feel that they have failed<br />
to achieve an acceptable standard of service they want you to tell<br />
them. They regard it as an opportunity to monitor and improve<br />
their quality of service. They will investigate your concerns<br />
objectively and try to generate a positive and speedy solution.<br />
If you have a complaint, you should in the first instance contact the<br />
person dealing with your case. This is usually the person named in<br />
the initial letter they sent to you at the start of your matter. You can<br />
do this either by telephone, in writing or via email. In many cases<br />
the person normally dealing with your matter will be able to resolve<br />
your problem immediately. If this is not possible they aim to provide<br />
a full response within a maximum of 10 working days. If the matter<br />
is complex you may have to wait a little longer but they will always<br />
write to you within 10 working days to provide a full update on<br />
progress and give you an estimate as to when they can provide a<br />
full response.<br />
If you are not happy with the reply provided by the person normally<br />
dealing with your case you can refer the matter to his/her<br />
supervising partner or manager. The name of the supervising<br />
partner or manager will also be found on your initial<br />
correspondence or, if you do not have this, by contacting their<br />
Client Care Team on 0121 214 5466. The supervising partner or<br />
manager will consider your complaint and carry out an investigation<br />
and will provide a proposed solution within 10 working days. If the<br />
matter is complex and it takes longer to deal with your complaint,<br />
they will contact you to give you an approximate timescale of when<br />
you can expect a response. If they believe it would be helpful, they<br />
may suggest a meeting.<br />
If, following investigation by the supervising partner or manager,<br />
you are still not satisfied with the response then your complaint<br />
may be referred to their Client Care Manager, at 31 Temple Street,<br />
Birmingham, B2 5DB. They will ensure that your complaint is<br />
carefully examined and resolved as quickly as possible.<br />
If you are not satisfied with their final response you may refer your<br />
complaint to the Legal Complaints Service. The Legal Complaints<br />
Service will usually only consider a complaint if Irwin Mitchell’s<br />
internal complaints procedure has been exhausted.<br />
If you have a complaint about the services provided by Barclays<br />
It is the aim of Barclays Will Writing to provide a high quality of service<br />
to our clients. However, we recognise that occasionally something may<br />
go wrong and at such time our concern would be to ensure that<br />
matters are resolved as quickly as possible to your satisfaction.<br />
If you are unhappy with the service that you have received you<br />
should, in the first instance, pursue your complaint with the<br />
department with which you have been dealing. In the event that<br />
you are unable to obtain a satisfactory resolution, your complaint<br />
should be directed to:<br />
The Senior Manager<br />
Barclays Wealth Estates & Trusts<br />
Osborne Court<br />
Gadbrook Park<br />
Northwich<br />
Cheshire<br />
CW9 7UE<br />
Telephone: 01606 313 350<br />
Fax: 01606 313 421<br />
Email: eandt-info@barclayswealth.com<br />
Details of our complaint-handling procedures are available on<br />
request or on our website at www.wills.barclays.com<br />
Barclays Bank Trust Company Limited is a member of the Financial<br />
Ombudsman Service. In addition it is authorised and regulated by the<br />
Financial Services Authority in the conduct of its investment business.<br />
Your rights to compensation under the Financial Services<br />
Compensation Scheme in the event of our failure to meet any<br />
liabilities to you are set out in a statement which is available<br />
upon request.
This item can be provided in Braille, large print or audio by calling 0800 400 100* (via TextDirect if appropriate).<br />
If outside the UK please call: +44(0)1624 684 444**.<br />
*Lines are open 8am to 8pm UK time Monday to Friday and 9am to 5pm UK time Saturday and UK bank<br />
holidays. Calls to 0800 numbers are free if made from a UK landline.<br />
**Lines are open 8am to 6pm UK time Monday to Friday excluding UK bank holidays.<br />
Call costs may vary – please check with your telecoms provider. Calls may be recorded so that we can monitor<br />
the quality of our service and for security purposes.<br />
Barclays Wealth is the wealth management division of Barclays and operates through Barclays Bank PLC and its subsidiaries.<br />
Barclays Wealth Estates and Trusts is a trading name of Barclays Fiduciary Services Ltd (Registered No 2362041) and Barclays Bank Trust Company Ltd (Registered No 920880). Both are<br />
registered in England with registered offices at 1 Churchill Place, London E14 5HP. Barclays Bank Trust Company Ltd is authorised and regulated by the Financial Services Authority.<br />
Irwin Mitchell is operated by Irwin Mitchell LLP which is a limited liability partnership registered in England and Wales, company number OC343897. Other than in Scotland,<br />
Irwin Mitchell is regulated by the Solicitors Regulation Authority, registration number 51747.<br />
Item Ref: BWL0379. January 2010
<strong>BARCLAYS</strong> <strong>WEALTH</strong> ADVISORY<br />
Terms and Conditions for Trust, Fiduciary,<br />
Fund Administration and Corporate Services<br />
1
Terms and Conditions<br />
Applicability of these Terms and Conditions<br />
1. (a) These Terms and Conditions as amended by<br />
Barclays Wealth from time to time, shall apply, subject<br />
to applicable law, in all cases where Barclays Wealth acts<br />
outside the U.S.A. as personal representative, trustee,<br />
attorney, manager, administrator, operator, agent, director<br />
or other offi cer, signatory or shareholder, fi duciary, partner,<br />
registered offi ce service provider or otherwise in relation to<br />
any Arrangement whether or not expressly incorporated in<br />
the Governing Instrument or any Agreement.<br />
(b) In relation to some of the Services, supplemental terms<br />
and conditions (as amended from time to time) shall<br />
apply subject to applicable law, and those Clients affected<br />
by such supplemental terms and conditions will be given<br />
notice of them. In the event of any confl ict between the<br />
terms of the supplemental terms and conditions and these<br />
Terms and Conditions, the terms of the supplemental<br />
terms and conditions shall prevail.<br />
(c) These Terms and Conditions are effective from<br />
1 January 2010.<br />
(d) Except where clause 71 of these Terms and Conditions<br />
applies, any amended version of these Terms and Conditions,<br />
the Schedule of Fees and any supplemental terms and<br />
conditions, will be effective (and the Client, where applicable,<br />
shall be bound by any changes in the relevant amended<br />
versions) when published in accordance with clause 2.<br />
Publication of these Terms and Conditions<br />
2. These Terms and Conditions, the Schedule of Fees and any<br />
supplemental terms and conditions will be ‘published’ on the date<br />
which Barclays Wealth has formally determined that these shall<br />
take effect, provided that, by such date, these documents are<br />
produced in printed form and are available from the appropriate<br />
offi ce of Barclays Wealth or through the Barclays Wealth website.<br />
Confl ict with Governing Instrument<br />
3. These Terms and Conditions should be read and will take effect<br />
in conjunction with the Governing Instrument and any relevant<br />
Agreement. In the event of any confl ict between the terms of<br />
either the Governing Instrument or any relevant Agreement<br />
and these Terms and Conditions, the terms of the Governing<br />
Instrument or relevant Agreement shall prevail.<br />
Defi nitions and interpretation<br />
4. ‘Agreement’ means any agreement in writing entered<br />
into between Barclays Wealth and the Client and/or the<br />
Arrangement relating to the Services.<br />
‘Appointee’ means all Persons provided by Barclays Wealth to<br />
act as a director or other offi cer, trustee, manager, signatory or<br />
shareholder of any Arrangement.<br />
‘Arrangement’ means any Estate, trust, power of attorney, fund,<br />
agency, Company, association, foundation, partnership or<br />
other entity.<br />
‘Associated Person’ means in relation to an individual who is<br />
a minor, a parent or guardian and in relation to a Company, a<br />
Company which is a subsidiary, parent or affi liate of such Company.<br />
‘Authorised Person’ means the Client and any other Person<br />
(including Barclays Wealth or any member of the Barclays<br />
Group) who is entitled to give Barclays Wealth Communications<br />
in respect of any Arrangement or Services.<br />
‘Barclays Group’ means the Barclays Wealth Companies set out in<br />
the Appendix and any Associated Person of any such Companies.<br />
‘Barclays Wealth’ means, as applicable, any one or more of the<br />
companies set out in the Appendix, which together operate<br />
within the wealth management division of the Barclays Group.<br />
‘Client’ means, as appropriate, any one or more of the Persons<br />
engaging the Services and, in the case of an individual, includes<br />
that individual’s heirs, personal representatives and assigns and,<br />
in the case of a Company, includes its successors and assigns.<br />
‘Client Information’ means all present and future information or<br />
documents concerning an Arrangement and/or concerning any<br />
Client or Person who is or may be in any way interested under<br />
an Arrangement or who has benefi ted from it or who is referred<br />
to in the relevant Governing Instrument or any associated<br />
document or who has directly or indirectly contributed assets to<br />
an Arrangement.<br />
‘Communications’ means directions, instructions, advice,<br />
requests or recommendations that an Authorised Person<br />
is entitled to give to Barclays Wealth in respect of any<br />
Arrangement or Services.<br />
‘Company’ means a body corporate or any other legal Person<br />
whether or not it is a body of persons.<br />
‘Designated Investment Manager’ means any investment manager<br />
validly designated by the Client in the Governing Instrument.<br />
‘Employee’ means any director, offi cer, consultant or employee<br />
of any Company within the Barclays Group.<br />
‘Estate’ where Barclays Wealth is acting as a personal<br />
representative or under a power of attorney includes but is not<br />
limited to, all property to which the power relates.<br />
‘Governing Instrument’ means the applicable trust instrument,<br />
Company documentation, foundation management or<br />
partnership agreement, will, power of attorney, fund offering<br />
memorandum, fund administration agreement or any other<br />
document under which Barclays Wealth acts in relation to an<br />
Arrangement.<br />
‘Person’ means any natural or legal person.<br />
‘Schedule of Fees’ means the relevant schedule of charges as<br />
amended from time to time by Barclays Wealth in respect of its<br />
charges for the Services.<br />
‘Services’ means, as appropriate, all or any of the services<br />
carried out or performed for or on behalf of, or in connection<br />
with (whether before or after its establishment), any<br />
Arrangement by Barclays Wealth or any Appointees or<br />
Employees (including, without limitation, the provision of<br />
trustees, directors and shareholders and the administration<br />
of such Arrangement as may, from time to time, be more<br />
particularly set forth in writing between the relevant parties).<br />
In these Terms and Conditions unless the context requires<br />
otherwise:<br />
(a) words importing the singular shall include the plural and<br />
vice versa;<br />
(b) the masculine gender shall include the feminine and the<br />
neuter and vice versa in each case;<br />
(c) headings and titles are for convenience only and do not<br />
affect the interpretation of these Terms and Conditions; and<br />
(d) a reference to any statute, statutory provision or regulation<br />
will be construed as a reference to the same as it may be<br />
amended, modifi ed, consolidated or re-enacted from time<br />
to time.<br />
Legal and tax advice<br />
5. Barclays Wealth is not a legal or tax advisor and does not hold<br />
itself out as a practitioner or expert qualifi ed and capable<br />
to give legal or tax advice. Barclays Wealth does not provide<br />
any Arrangement, Client or any Person associated with an<br />
Arrangement or Services with legal or tax advice.<br />
2
6. In order to provide the Client with information on the Services,<br />
Barclays Wealth may explain to the Client its understanding<br />
of the generic legal or tax position relating to the Services.<br />
Barclays Wealth does not warrant or assume any duty of<br />
care to investigate into whether or not, or to ensure that, the<br />
information is complete, up-to-date, accurate or necessarily<br />
appropriate to or takes into account fully the circumstances<br />
of the Client or the Arrangement. Barclays Wealth does not<br />
assume any legal responsibility for anyone acting on the<br />
information provided.<br />
7. In accepting these Terms and Conditions, the Client irrevocably<br />
agrees that any discussions that Barclays Wealth may enter<br />
into with the Client or any other Person associated with an<br />
Arrangement, involving legal and/or taxation matters, are for<br />
general information purposes only and cannot in any way be<br />
construed as legal and/or tax advice and cannot be relied upon<br />
as legal and/or tax advice.<br />
8. Any Client or any other Person associated with an Arrangement<br />
has sole responsibility for the management of their legal and<br />
tax affairs including any applicable fi lings and payments and<br />
complying with any applicable laws and regulations.<br />
Barclays Wealth recommends that any Client or Person<br />
associated with an Arrangement obtains their own independent<br />
legal and/or tax advice tailored to their own circumstances.<br />
Payment of liabilities<br />
9. Subject to the terms of the Governing Instrument,<br />
Barclays Wealth may pay from the assets of the Arrangement any<br />
liabilities (including tax liabilities) in respect of the Arrangement<br />
notwithstanding that such liabilities may not be strictly<br />
enforceable against Barclays Wealth. Alternatively,<br />
Barclays Wealth may instruct the Client to procure that the<br />
Arrangement discharges such liabilities. Barclays Wealth shall be<br />
entitled to exoneration and indemnity out of the Arrangement<br />
for any liability, loss, or expense and interest on these, incurred in<br />
making such payments or in giving such instructions to the Client.<br />
Exoneration<br />
10. To the extent permitted by applicable law, where<br />
Barclays Wealth is acting in relation to an Arrangement neither<br />
it nor any member of the Barclays Group nor any Appointee<br />
or Employee shall be liable for any loss or damage directly or<br />
indirectly caused or suffered by any Client or any other Person<br />
including costs and expenses incurred as a result of the actions<br />
of Barclays Wealth or any member of the Barclays Group or any<br />
Appointee or Employee other than loss or damage suffered as a<br />
result of the dishonesty, actual fraud, wilful misconduct or gross<br />
negligence or, only in the case of claims for breach of contract,<br />
the negligence of Barclays Wealth, any member of the<br />
Barclays Group or any Appointee or Employee.<br />
Indemnities<br />
11. (a) Barclays Wealth and all members of the Barclays Group, any<br />
Appointees and Employees (‘the Indemnifi ed Persons’) shall<br />
be indemnifi ed out of the assets which are subject to the<br />
Arrangement for any fees payable for the Services and for<br />
any liability, loss or expense incurred in the provision of the<br />
Services and for any judgment recovered against and paid<br />
by any Indemnifi ed Person other than liability, loss, expense<br />
or judgment arising out of the dishonesty, actual fraud,<br />
wilful misconduct or gross negligence or, only in the case of<br />
Services which are contractual in nature, the negligence of<br />
any such Indemnifi ed Person (‘the Liabilities’).<br />
(b) The Client acknowledges and agrees that in connection with<br />
the indemnifi cation obligations entered into by the Client under<br />
these Terms and Conditions Barclays Wealth is acting for itself<br />
and for each of the other Indemnifi ed Persons as trustee and<br />
owner of the claim on their behalf. The Client further agrees<br />
with Barclays Wealth to indemnify the Indemnifi ed Persons and<br />
each of them in respect of the Liabilities.<br />
Force majeure<br />
12. None of Barclays Wealth, any member of the Barclays Group,<br />
any Appointee or Employee shall be held liable for any failure<br />
or delay in the performance of Barclays Wealth’s obligations<br />
in respect of the Services arising out of or in connection with<br />
circumstances beyond its reasonable control (including, without<br />
limitation, acts of God, civil or military disturbances, outbreaks<br />
of war, acts of terrorism, natural disaster, acts of government<br />
or any other authority, accidents, labour disputes or any power,<br />
telecommunications or computer failure).<br />
Right of retention<br />
13. Upon or in contemplation of the termination of the Services,<br />
Barclays Wealth together with the Barclays Group, and any<br />
Appointees and Employees, shall be entitled to pay out of the<br />
assets subject to the Arrangement and/or to make retentions<br />
for such fees and expenses including, without prejudice to the<br />
generality of the foregoing, any amounts as it or they may think<br />
appropriate in respect of any actual or contingent liability and<br />
may take such action as it or they deem necessary to limit such<br />
liability. Where any retention is made that exceeds the liabilities<br />
in respect of which the retention was made, such surplus, once<br />
ascertained, shall be repaid without undue delay to the Client or<br />
the Arrangement, as appropriate.<br />
Rights to survive termination<br />
14. Clauses 5 to 13 of these Terms and Conditions inclusive shall<br />
not be affected by the termination of the Services.<br />
Fees and expenses<br />
15. Barclays Wealth shall be entitled to fees for the Services in<br />
accordance with its last published Schedule of Fees that<br />
relate to the Services unless the Governing Instrument and/or<br />
relevant Agreement expressly states otherwise.<br />
16. Barclays Wealth may decide how to allocate its fees and<br />
expenses as between income and capital, or as between<br />
different interests in income and capital or as between<br />
different parts of an Arrangement or different interests in<br />
the Arrangement.<br />
17. Subject to applicable law, the fees and expenses of Barclays<br />
Wealth in relation to the Services shall be a fi rst charge on all<br />
the assets of the Arrangement.<br />
Administration and management<br />
18. This clause 18 of these Terms and Conditions is subject to<br />
clause 69 of these Terms and Conditions. Barclays Wealth and<br />
the Barclays Group may act in any circumstances where either<br />
of them may have a confl ict of interest without being liable to<br />
account for any profi t made, including, without prejudice to the<br />
generality of the foregoing, the following, it may:<br />
(a) act as banker, stockbroker, investment advisor or<br />
investment manager and transact any banking, investment<br />
or allied business in respect of any Arrangement in<br />
accordance with these Terms and Conditions and shall<br />
be entitled to fees and expenses in accordance with its<br />
appropriate published Schedule of Fees from time to time<br />
in effect;<br />
(b) retain a share of brokerage and any insurance or other<br />
commissions including trail (which are payments that are<br />
repeated from time to time and the continuance of which<br />
might depend on the retention of investments or services)<br />
and similar commissions;<br />
(c) employ and agree terms with any Person (including another<br />
Barclays Wealth Company or any Associated Person of any<br />
Barclays Wealth Company) to act as banker, stockbroker,<br />
investment advisor or investment manager or to transact<br />
any business or to provide any services or for any other<br />
purpose whether or not of a banking or investment nature;<br />
(d) appoint any Person (including another Barclays Wealth<br />
Company or any Associated Person of any Barclays Wealth<br />
Company) as a director or offi cer of a Company, shares or<br />
3
securities of which may comprise part of the assets of the<br />
Arrangement, and retain any remuneration received from<br />
the Company or otherwise from the appointment;<br />
(e) invest all or some of the property of the Arrangement in<br />
shares or stock of Barclays Bank PLC or in units of any<br />
collective investment scheme including schemes of which<br />
Barclays Wealth or any Associated Person of any Barclays<br />
Wealth Company is a manager or trustee, on the normal<br />
terms; and<br />
(f) aggregate purchase and sale transactions for quoted<br />
investments forming part of any Arrangement with like<br />
orders from other Arrangements.<br />
19. Barclays Wealth may act through any Employee.<br />
20. Subject to the terms of the Governing Instrument,<br />
Barclays Wealth may effect insurances on behalf of an<br />
Arrangement at the expense of the Arrangement in respect<br />
of any risks of any kind whatsoever which Barclays Wealth<br />
considers may affect the assets of the Arrangement.<br />
21. When a Designated Investment Manager is acting in respect of<br />
an Arrangement, this clause 21 of these Terms and Conditions<br />
shall not apply. Barclays Wealth reserves the right at the risk<br />
and responsibility of the Arrangement to vest any property of<br />
such Arrangement in any Person as its nominee. When<br />
Barclays Wealth acts jointly with another or others, all monies,<br />
securities and documents of title shall be held by or under<br />
the control of Barclays Wealth alone and the name of Barclays<br />
Wealth or its nominee shall be placed fi rst in the registers<br />
of all registered securities or other property. Barclays Wealth<br />
shall enable any Person(s) with whom it acts jointly to have<br />
reasonable facilities for verifi cation or inspection of such assets<br />
held subject to the Arrangement.<br />
22. Barclays Wealth may appoint any other Person (including<br />
a member of the Barclays Group) to be its agent, attorney<br />
or manager to assist in the whole or any aspect of the<br />
administration or management of an Arrangement and may<br />
delegate to such Person the whole or any aspect of its duties,<br />
functions and responsibilities in relation to the Arrangement on<br />
such terms as it may choose.<br />
23. Every appointment, whether under any statutory power or<br />
under any special power, of a new trustee during the period of<br />
trusteeship of Barclays Wealth shall be subject to the consent in<br />
writing of Barclays Wealth.<br />
24. Barclays Wealth will be fully indemnifi ed out of the<br />
Arrangement against all liability relating to a business (whether<br />
incorporated or unincorporated) and all consequent expenses<br />
and losses. Barclays Wealth shall be entitled to employ in the<br />
business such assets of the Arrangement as it shall think fi t<br />
whether or not that property was employed in the business<br />
before its appointment.<br />
25. Barclays Wealth may take external advice on any question<br />
concerning the Arrangement and from such Person as it thinks<br />
appropriate, and all charges and expenses incurred in this way<br />
will be payable by the Arrangement.<br />
26. Barclays Wealth may in its absolute discretion decline to accept<br />
or retain any assets, including real estate, non-publicly traded<br />
shares, or other non-fi nancial assets after undertaking a due<br />
diligence review as part of its business acceptance and/or<br />
ongoing review process. When required by Barclays Wealth the<br />
Client shall supply such information as may be required including,<br />
but not limited to, fi nancial statements and valuations, subject<br />
to applicable law. Barclays Wealth may in its absolute discretion<br />
decline to prepare full accounts in relation to any Arrangement.<br />
27. Save as otherwise expressly provided in these Terms and<br />
Conditions or in the Governing Instrument, or in the case of the<br />
Governing Instrument where the context manifestly requires<br />
otherwise, none of the powers given to Barclays Wealth, any<br />
member of the Barclays Group or any Employee in these Terms<br />
and Conditions is a fi duciary power and all such powers may be<br />
exercised having regard solely to its own interests.<br />
Client’s undertakings<br />
28. The Client hereby undertakes:<br />
(a) that prior to the creation of the Arrangement, the Client<br />
has complied with all laws in any applicable jurisdiction that<br />
apply to the Services, and all such laws will continue to be<br />
complied with;<br />
(b) not to use, in any way, the name of any of the companies<br />
within Barclays Wealth or any other members of the<br />
Barclays Group, without the prior written consent of<br />
Barclays Wealth;<br />
(c) immediately upon becoming aware of the following, the<br />
Client shall give notice to Barclays Wealth of:<br />
(i) any event which could be reasonably foreseen to<br />
have a material effect on the Arrangement, its assets<br />
or activities or upon Barclays Wealth’s willingness or<br />
ability to continue to provide the Services (including,<br />
without limitation, any act evidencing the insolvency of<br />
the Client or commencing its liquidation, winding up or<br />
dissolution) or upon the insolvency of the Arrangement<br />
or upon the probability of Barclays Wealth being paid<br />
for the Services and recovering its costs or being<br />
reimbursed for expenses in relation to them; or<br />
(ii) any actual or threatened litigation in any jurisdiction<br />
or any actual or threatened investigation by any<br />
judicial, regulatory or tax authority in relation to the<br />
Arrangement or the Client and any progress in these,<br />
and to promptly provide such information as<br />
Barclays Wealth may, in its discretion, require in this<br />
respect (including, without limitation, information as to<br />
the status of such litigation or information);<br />
(d) to ensure that the Arrangement will not be engaged or<br />
involved, directly or indirectly, in any unlawful activity or<br />
used for any unlawful purpose or receive the proceeds of<br />
unlawful activity in any jurisdiction; and<br />
(e) where the Services include the provision of Appointees:<br />
(i) the Client shall not, without the prior written consent<br />
of Barclays Wealth, take any action, enter into any<br />
agreement or contract, give any undertaking, make any<br />
representation or otherwise incur any liability on behalf<br />
of the Arrangement;<br />
(ii) the Client will not hold himself out as agent or<br />
representative of the Arrangement or use the name of<br />
the Arrangement in any business activities without the<br />
prior written consent of Barclays Wealth;<br />
(iii) the Client agrees to ensure that the Arrangement will<br />
not be involved in any activities which would require a<br />
licence, consent or approval in any relevant jurisdiction<br />
without fi rst obtaining such licence, consent or<br />
approval or which would breach any conditions<br />
contained in any such licence, consent or approval.<br />
29. The Client shall procure that the Arrangement complies with all<br />
fi ling requirements in any applicable jurisdiction and that all tax<br />
liabilities payable by the Arrangement are discharged. The Client<br />
shall also procure that any tax liabilities of the Arrangement, are<br />
discharged from the assets of the Arrangement, where Barclays<br />
Wealth instructs the Client to do so in accordance with clause 9<br />
of these Terms and Conditions.<br />
30. The Client shall notify Barclays Wealth, and as appropriate<br />
obtain Barclays Wealth’s prior written consent, before alienating,<br />
assigning, selling, pledging or otherwise disposing of or<br />
encumbering any part of the Client’s interest in the Arrangement.<br />
4
31. Where the Client is more than one Person:<br />
(a) each such Person will be deemed to have appointed the other<br />
such Person(s) to act as his agent to exercise full power and<br />
authority in connection with the Services on his behalf; and<br />
(b) all obligations of the Client under these Terms and<br />
Conditions and otherwise in connection with the Services<br />
shall be joint and several.<br />
Enforcement and validity<br />
32. If either Barclays Wealth or the Client chooses at its discretion<br />
not to enforce any term which forms part of these Terms and<br />
Conditions, this will not prejudice either Barclays Wealth’s or<br />
the Client’s rights to either enforce such term at a later date or<br />
enforce the rest of these Terms and Conditions.<br />
33. If any term of these Terms and Conditions or any provision of the<br />
Governing Instrument is invalid, illegal or unenforceable in any<br />
respect, such term or provision (as the case may be) shall either:<br />
(a) be deleted; or<br />
(b) if such term or provision would be valid or enforceable<br />
if some part of it were deleted or modifi ed, the term or<br />
provision in question shall apply with whatever deletion or<br />
modifi cation is necessary to make it valid or enforceable,<br />
and, in either case, the validity, legality and enforceability of<br />
the remaining terms and provisions shall not in any way be<br />
affected or impaired.<br />
Notices<br />
34. (a) Any notice required to be given by the Client or any<br />
other Person to Barclays Wealth under these Terms and<br />
Conditions shall be in writing addressed to Barclays Wealth<br />
at the relevant administration offi ce and for the avoidance<br />
of doubt, notices may not be given by email.<br />
(b) Any notice required to be given by Barclays Wealth to<br />
the Client or any other Person under these Terms and<br />
Conditions, shall be in writing addressed to the last known<br />
usual address or last known usual email address of such<br />
Client or Person and in the case of any Company, to the<br />
registered address of that Company.<br />
(c) For these purposes, any notice:<br />
(i) delivered personally shall be deemed to have been<br />
given at the time of such delivery;<br />
(ii) delivered by courier shall be deemed to have been<br />
given at the time of such delivery;<br />
(iii) sent by ordinary post shall be deemed to have been<br />
given seventy two hours after posting;<br />
(iv) sent internationally by airmail shall be deemed to have<br />
been given seven days after posting;<br />
(v) sent by facsimile shall be deemed to have been given at<br />
the time of dispatch being confi rmed by the facsimile<br />
transmission sheet provided, where the recipient is a<br />
business, the facsimile is sent during the business hours<br />
of the recipient, otherwise at the time the recipient’s<br />
offi ce next opens for business after the transmission<br />
sheet has been sent;<br />
(vi) sent to a Hold Mail mailing address shall be deemed to<br />
have been given to the Client at the date the letter is<br />
dated; and<br />
(vii) sent by email shall be deemed to have been given at<br />
the time of despatch provided Barclays Wealth does<br />
not receive a response to the effect that it has not been<br />
successfully delivered to the recipient.<br />
Assignment and change of administrative centre<br />
35. Barclays Wealth may, upon giving reasonable notice to the<br />
Client of its intention to do so, assign or transfer the whole<br />
or any part of its rights and benefi ts under these Terms and<br />
Conditions to any Person in any jurisdiction. For the purpose<br />
of any such assignment or transfer, Barclays Wealth may<br />
disclose information about the Client, the Arrangement or any<br />
connected persons including benefi ciaries or objects, to any<br />
prospective assignee or transferee, provided that<br />
Barclays Wealth shall use its reasonable endeavours to procure<br />
that such prospective assignee or transferee is placed under<br />
an obligation of non-disclosure equivalent to that observed by<br />
Barclays Wealth under these Terms and Conditions.<br />
36. The Client shall not assign or otherwise transfer all or any part<br />
of its rights, benefi ts and/or obligations under these Terms and<br />
Conditions without the prior written consent of Barclays Wealth<br />
(which Barclays Wealth will not unreasonably withhold).<br />
37. Barclays Wealth may carry on the administration of the<br />
Arrangement anywhere it thinks fi t.<br />
Merger or sale within Barclays Group<br />
38. In connection with any merger, amalgamation or reconstruction<br />
within the Barclays Group, Barclays Wealth shall be entitled to<br />
execute one or more documents specifying that in relation to all<br />
or some of the Arrangements for which it provides Services, the<br />
entity continuing and providing the Services after the merger,<br />
amalgamation or reconstruction (‘Newco’) shall automatically<br />
be substituted for the Barclays Wealth entity previously<br />
providing the Services (‘Oldco’), which shall, at that point, be<br />
discharged, provided that:<br />
(a) Newco shall be accountable to the Arrangement for the<br />
acts and omissions of Oldco;<br />
(b) Oldco (for as long as it continues to exist) shall continue to<br />
be entitled to indemnifi cation and reimbursement from the<br />
Arrangement for its acts and omissions prior to such merger,<br />
amalgamation or reconstruction in the same manner as if it<br />
had continued to act and provide the Services; and<br />
(c) these Terms and Conditions shall apply to Newco as if it<br />
were a Company within Barclays Wealth.<br />
39. In the event that the whole or any part of the business of<br />
Barclays Wealth is sold or transferred to another Company:<br />
(a) neither Barclays Wealth nor the Barclays Group shall have<br />
any duty to account to the Client or any Arrangement<br />
for any sum of money or other consideration received in<br />
respect of the sale or transfer; and<br />
(b) Barclays Wealth shall be discharged from its obligations<br />
in respect of any Arrangements which are part of the sale<br />
or transfer, provided that in relation to any trust of which<br />
Barclays Wealth is trustee, Barclays Wealth validly appoints<br />
a new trustee following the sale or transfer.<br />
Termination<br />
40. Subject to applicable law, the Services shall be terminated:<br />
(a) upon the expiry of not less than one month’s notice of<br />
termination given by Barclays Wealth to the Client; or<br />
(b) immediately, upon Barclays Wealth giving to the Client<br />
notice of termination in the event of:<br />
(i) the property of the Client being ‘declared en désastre’<br />
or the Client becoming insolvent or going into<br />
liquidation (other than a voluntary liquidation for the<br />
purpose of reconstruction or merger upon terms<br />
previously approved in writing by Barclays Wealth) or<br />
administration or a receiver being appointed or if some<br />
event having equivalent effect occurs; or<br />
(ii) the Arrangement becoming insolvent or going into<br />
liquidation (other than a voluntary liquidation for the<br />
purpose of reconstruction or merger upon terms<br />
previously approved in writing by Barclays Wealth) or<br />
a receiver being appointed or if some event having<br />
equivalent effect occurs; or<br />
(iii) the Client committing a material breach of these Terms<br />
and Conditions, the Governing Instrument or any<br />
Agreement and (if such breach is capable of remedy)<br />
the Client not making good such breach within one<br />
month of service upon the Client of notice requiring the<br />
remedy of such breach; or<br />
5
(iv) the Client failing to make available to Barclays Wealth<br />
the information and documentation required under<br />
clause 59 of these Terms and Conditions either when<br />
required or in a form acceptable to Barclays Wealth.<br />
(c) upon the expiry of not less than one month’s notice of<br />
termination given by the Client to Barclays Wealth; or<br />
(d) immediately, upon the Client giving to Barclays Wealth<br />
notice of termination in the event of;<br />
(i) The relevant Barclays Wealth Company becoming<br />
insolvent or going into liquidation (other than a<br />
voluntary liquidation for the purpose of reconstruction<br />
or merger) or a receiver being appointed or if some<br />
event having equivalent effect occurs; or<br />
(ii) The relevant Barclays Wealth Company committing<br />
a material breach of these Terms and Conditions or<br />
of the Governing Instrument and (if such breach is<br />
capable of remedy) Barclays Wealth not making good<br />
such breach within one month of service upon Barclays<br />
Wealth of notice requiring the remedy of such breach.<br />
41. Provision of the Services provided by Barclays Wealth in relation<br />
to the Arrangement may be terminated by Barclays Wealth<br />
immediately without giving notice, if Barclays Wealth considers that:<br />
(a) continuing to provide the Services would be assisting<br />
criminal activity; or<br />
(b) continuing to provide the Services would constitute a<br />
breach of any applicable law or government sanction; or<br />
(c) the Client has provided Barclays Wealth with any false<br />
information at any time; or<br />
(d) it is inappropriate for a Person authorised to give<br />
Communications to do so; or<br />
(e) the behaviour of the Client means that it is inappropriate for<br />
Barclays Wealth to continue to provide the Services; or<br />
(f) in continuing to provide the Services Barclays Wealth may<br />
suffer damage to its reputation; or<br />
(g) the Client has been in a serious or persistent breach of<br />
these Terms and Conditions or any supplementary terms<br />
and conditions; or<br />
(h) the Client at any time fails to meet the applicable eligibility<br />
criteria including but not limited to where the Client, is or<br />
becomes, resident in a country or territory with legal or<br />
regulatory restrictions on Barclays Wealth continuing to<br />
provide the Services.<br />
Communications<br />
42. Barclays Wealth may act upon Communications (whether by<br />
letter, fax, email, orally, telephone or otherwise) given by any<br />
Person that it reasonably believes to be an Authorised Person and<br />
Barclays Wealth is not obliged to verify the identity of any Person<br />
purporting to be so authorised subject as provided below:<br />
(a) Barclays Wealth may act upon Communications given in a<br />
document that Barclays Wealth reasonably believes bears<br />
the Authorised Person’s original signature(s), provided that:<br />
(i) the Authorised Person follows any applicable security<br />
procedures established in accordance with the<br />
Arrangement; or<br />
(ii) if the Authorised Person has not set up security<br />
procedures Barclays Wealth believes in good faith that<br />
the Communications are from the Authorised Person and<br />
there are no circumstances of which Barclays Wealth is<br />
aware that cast signifi cant doubt on the identity of the<br />
Person giving the Communications.<br />
(b) Barclays Wealth may continue to act on the Communications<br />
of an Authorised Person until Barclays Wealth receives actual<br />
notice that the Authorised Person has lost capacity or is<br />
otherwise no longer authorised to give Communications.<br />
(c) Communications are effective when Barclays Wealth receives<br />
them, but Barclays Wealth may require that an Authorised<br />
Person confi rm in writing any Communications given orally,<br />
by telephone, by fax or electronically prior to acting on them.<br />
(d) Where there is more than one Authorised Person and<br />
Barclays Wealth receives Communications from one of<br />
them but before acting receives inconsistent or confl icting<br />
Communications from another Authorised Person or<br />
receives simultaneous confl icting Communications from<br />
two or more Authorised Persons, Barclays Wealth shall be<br />
entitled to refuse to act upon any such Communications<br />
until it is provided with unequivocal Communications agreed<br />
upon and confi rmed in writing by all Authorised Persons.<br />
(e) Barclays Wealth reserves the right to take additional<br />
security measures at any time before acting on<br />
Communications received by it.<br />
(f) Barclays Wealth requires Communications to be given to it<br />
in the English language unless any Agreement provides<br />
otherwise.<br />
(g) Barclays Wealth may refuse to act on any Communication<br />
and will take reasonable steps to notify the Authorised<br />
Person accordingly if;<br />
(i) Barclays Wealth reasonably considers that to do so<br />
would cause it to break any applicable law, regulation,<br />
code or other duty; or<br />
(ii) it is not in writing or Barclays Wealth reasonably<br />
considers that it is not suffi ciently clear or it is incomplete,<br />
ambiguous or contains errors or is not in English; or<br />
(iii) Barclays Wealth reasonably considers that it is<br />
impractical or impossible to do so; or<br />
(iv) any Communication is received too late for Barclays<br />
Wealth to act upon; or<br />
(v) it suspects fraud in the delivery, transmission or receipt<br />
of any Communications; or<br />
(vi) Barclays Wealth reasonably considers that to do so would<br />
either damage its reputation or be in contravention of its<br />
internal policies.<br />
(h) Barclays Wealth may refuse to act on any purported<br />
Communication if Barclays Wealth reasonably considers<br />
that it is not given by an Authorised Person.<br />
(i) Where Barclays Wealth must obtain a Communication<br />
from an Authorised Person but it is impractical or<br />
impossible to obtain such Communication in a<br />
timely fashion or a Communication is contrary to<br />
the interests of the Arrangement which may lead to<br />
any of Barclays Wealth or any Employees incurring<br />
personal liability, or Barclays Wealth has not been able<br />
to obtain Communications from an Authorised Person<br />
in circumstances where Barclays Wealth believes that<br />
action is required, Barclays Wealth is authorised (but not<br />
obliged) to take any action it reasonably deems necessary<br />
or appropriate without liability for any resulting loss.<br />
(i) An Authorised Person may request Barclays Wealth to send<br />
Communications addressed to the Authorised Person, to a<br />
separate Hold Mail account in the name of the Authorised<br />
Person and that account shall be subject to the terms and<br />
conditions of the Company or institution providing that account.<br />
(j) An Authorised Person may request Barclays Wealth to send<br />
Communications addressed to the Authorised Person care of<br />
another Person (including a member of the Barclays Group).<br />
(k) The Authorised Person shall be responsible and liable for<br />
any loss or damage, which may result from Barclays Wealth,<br />
upon the request of the Authorised Person, sending<br />
Communications addressed to the Authorised Person to a<br />
Hold Mail account in the name of the Authorised Person<br />
or care of another Person and Barclays Wealth shall not be<br />
responsible or liable for any such loss or damage.<br />
Recording of telephone conversations<br />
43. Barclays Wealth will record and monitor telephone conversations<br />
where it is required to do so by any applicable law. Otherwise, for<br />
security, legitimate business purposes and to maintain service<br />
standards, Barclays Wealth may, at its absolute discretion, record<br />
and monitor telephone conversations.<br />
Electronic communications<br />
44. There is no guarantee that any electronic communications<br />
from Barclays Wealth will be secure, virus free or successfully<br />
delivered. Subject to clause 34, Barclays Wealth may use electronic<br />
communications with the Client, Authorised Person or any other<br />
6
Person connected with the Arrangement. Barclays Wealth shall<br />
not be liable if any electronic communications are intercepted,<br />
delayed, corrupted, not received or received by Persons other<br />
than the intended addressees. Where it is believed that this has<br />
happened with an electronic communication Barclays Wealth<br />
will try to confi rm the communication with the Client, Person or<br />
Authorised Person concerned. For security, legitimate business<br />
purposes and to maintain service standards, Barclays Wealth may<br />
monitor internet communications (including emails) between<br />
it/its Employees and Clients, Authorised Persons or any other<br />
Person connected with an Arrangement as well as the use by such<br />
Persons of any website or online facilities Barclays Wealth operates.<br />
Disclosure<br />
45. Where Barclays Wealth is bound by the requirements of banking<br />
or trustee confi dentiality law, it shall ensure that any Client<br />
Information will only be disclosed in accordance with such<br />
law. Supplementary terms and conditions may be provided to<br />
Clients of the Switzerland and Cayman Islands Barclays Wealth<br />
Companies where appropriate.<br />
46. Subject to any applicable supplementary terms and conditions,<br />
Barclays Wealth may disclose any Client Information if:<br />
(a) in the opinion of Barclays Wealth reached in good faith<br />
(which shall be conclusive and binding), disclosure is<br />
necessary or desirable for Barclays Wealth to perform its<br />
functions in relation to the Arrangement; or<br />
(b) disclosure is to any Person who provides a service to,<br />
or performs a function for, the Arrangement or who is<br />
otherwise appointed by Barclays Wealth in connection with<br />
the Arrangement or who is acting as Barclays Wealth’s agent<br />
or sub-contractor (including their agents) including without<br />
limitation, legal and other professional advisors provided that<br />
where Barclays Wealth discloses information to any such<br />
Person in another country (including, without limitation,<br />
countries outside the European Economic Area) Barclays<br />
Wealth will ensure that the Person agrees to apply the same<br />
level of protection as Barclays Wealth is required to provide<br />
to apply to the information and to use the information in<br />
accordance with Barclays Wealth’s instructions; or<br />
(c) disclosure is to other members of the Barclays Group in<br />
connection with any service provided to the Arrangement<br />
or to any Client or any other Person; or<br />
(d) disclosure is ordered by a Government department,<br />
regulatory authority or Court having jurisdiction over<br />
Barclays Wealth, any affi liate of Barclays Wealth, or any<br />
assets of the Arrangement or any entity directly or<br />
indirectly comprised within the Arrangement; or<br />
(e) disclosure is in connection with or to assist with any<br />
Arrangement, Client or other Person’s tax fi ling or reporting<br />
requirements; or<br />
(f) where any internet service is provided to the Arrangement,<br />
disclosure is to the operator of the service; or<br />
(g) disclosure is to any third party as a result of any merger,<br />
restructure, sale or acquisition of any Company within the<br />
Barclays Group or to anyone to whom Barclays Wealth<br />
may transfer its rights and/or obligations under the<br />
Arrangement provided that any recipient uses information<br />
for the same purposes as it was originally supplied to<br />
Barclays Wealth and/or as used by Barclays Wealth; or<br />
(h) disclosure is to any Authorised Person in respect of the<br />
Arrangement including but not limited to fi nancial advisers<br />
or agents; or<br />
(i) disclosure is to Companies and organisations that assist<br />
Barclays Wealth to process transactions under the<br />
Arrangement including but not limited to executing trades<br />
on an exchange; or<br />
(j) in the case of Barclays Wealth companies in Singapore,<br />
disclosure is permitted under applicable banking or<br />
trustee confi dentiality legislation in Singapore, including<br />
(as applicable) the Trust Companies Act, Chapter 336 of<br />
Singapore or the Banking Act, Chapter 19 of Singapore; or<br />
(k) for any purpose permitted in accordance with clauses 47<br />
through 58 below.<br />
47. Without prejudice to clause 45, where Barclays Wealth is<br />
trustee of a trust it need not disclose any information or<br />
documents unless required to do so under the relevant<br />
governing law of the trust.<br />
48. Where Barclays Wealth transfers or discloses information to any<br />
Person in accordance with clause 46, unless such information<br />
is transferred or disclosed by virtue of sub-clause 46(d),<br />
Barclays Wealth will ensure that any such Person in another<br />
country (including, without limitation, countries outside the<br />
European Economic Area) agrees to apply the same level of<br />
protection as Barclays Wealth is required to provide to apply to<br />
the information and to use the information in accordance with<br />
Barclays Wealth’s instructions.<br />
Data protection<br />
49. Where Barclays Wealth is bound by the requirements of<br />
applicable data protection laws, it shall, ensure that any<br />
personal data gathered shall be used, shared and stored in<br />
accordance with such legislation.<br />
50. Where the Client provides personal and fi nancial information<br />
about others (such as dependants, other family members,<br />
benefi ciaries and a joint account holder, where applicable) the<br />
Client undertakes that it has their consent or is authorised<br />
to provide consent on their behalf or is otherwise entitled to<br />
provide this information to Barclays Wealth for and is authorised<br />
on their behalf to consent to the processing of that information<br />
including sensitive personal data by Barclays Wealth in<br />
accordance with these Terms and Conditions and to receive any<br />
data protection notices.<br />
51. Barclays Wealth may process and disclose Client Information<br />
relating to medical, health, lifestyle, ethnic background and<br />
criminal offences alleged or otherwise that is provided by the<br />
Client or that Barclays Wealth obtains from third parties for the<br />
purposes of:<br />
(a) assessing and identifying products and services;<br />
(b) applying for a product of an insurance Company/<br />
organisation; and<br />
(c) detecting and preventing crime (including without<br />
limitation fraud and money laundering).<br />
52. Barclays Wealth and other Companies in the Barclays Group<br />
will use Client Information to administer and manage the<br />
Arrangement, provide the Client with statements and provide<br />
their services and products, for assessment and analysis<br />
(including credit and/or behaviour scoring, market and product<br />
analysis), to prevent and detect fraud, money laundering<br />
and other crime, carry out regulatory checks and meet their<br />
obligations to any relevant regulatory authority, and to develop<br />
and improve their services to the Client and protect their interests.<br />
53. In order to make or receive payments, the details of the<br />
payment (including information relating to those involved in the<br />
payment) may be received from or sent to another jurisdiction,<br />
where it could be accessible by regulators and authorities<br />
in connection with their legitimate duties (for example, the<br />
prevention of crime). In instructing Barclays Wealth to make<br />
payments, the Client agrees to this on behalf of itself and others<br />
involved in the payments.<br />
54. In order to provide the Client and any Person associated with an<br />
Arrangement (as the case may be) with products and services<br />
Barclays Wealth needs to collect, use, share and store personal<br />
and fi nancial information about individuals including the Client<br />
and other individuals associated with an Arrangement. Barclays<br />
Wealth may obtain this information from the relevant individual<br />
directly or from third parties, such as employers, joint account<br />
holders, credit reference agencies, fraud prevention agencies or<br />
other organisations either at the time when the Client applies<br />
for services provided by Barclays Wealth or which the relevant<br />
individual or any third party gives to Barclays Wealth at any<br />
other time.<br />
7
55. Barclays Wealth gives Client Information to and receives<br />
information from credit reference agencies and fraud prevention<br />
agencies. Barclays Wealth and other organisations may access<br />
and use this information to prevent and detect fraud, money<br />
laundering and other crimes and to make credit assessments.<br />
Examples of circumstances when Client Information or<br />
information relating to a Client’s partner or other members of<br />
that Person’s household may be shared include but are not<br />
limited to:<br />
(a) checking details on applications for credit and credit related<br />
or other facilities;<br />
(b) managing credit and credit related accounts or facilities;<br />
(c) recovering debt;<br />
(d) checking details on proposals and claims for all types of<br />
insurance;<br />
(e) checking details of job applicants and employees;<br />
(f) making enquiries when a Client asks for any lending<br />
products or investment products and to assist in managing<br />
the Arrangement; and<br />
(g) accepting any assets or distributing any assets in respect of<br />
an Arrangement.<br />
56. Information held about a Client by the credit reference agencies<br />
may already be linked to records relating to a Client’s partner or<br />
members of a Client’s household where a fi nancial ‘association’<br />
has been created. Any enquiry that Barclays Wealth makes at a<br />
credit reference agency may be assessed with reference to any<br />
‘associated’ records. Another Person’s record will be ‘associated’<br />
with the Client’s when:<br />
(a) the Client makes a joint application; or<br />
(b) the Client advises Barclays Wealth of a fi nancial<br />
‘association’ with another Person; or<br />
(c) if the credit reference agencies have existing linked or<br />
‘associate’ records.<br />
This ‘association’ will be taken into account in all future<br />
applications by either or both the Client and the Person whose<br />
record is ‘associated’ and shall continue until either Person<br />
applies to the credit reference agencies and is successful<br />
in fi ling a ‘disassociation’. Barclays Wealth does not give<br />
information about savings accounts to credit reference<br />
agencies.<br />
57. Credit reference agencies keep a record of enquiries and may<br />
record, use and give out information that Barclays Wealth gives<br />
them to other lenders, insurers and other organisations. If false<br />
or inaccurate information is provided or fraud is suspected<br />
details may be passed to fraud prevention and credit reference<br />
agencies. Law enforcement agencies may access and use this<br />
information. The information recorded by fraud prevention<br />
agencies may be accessed and used by organisations in<br />
different countries. If the Client wishes to receive details of the<br />
relevant fraud prevention agencies, the Client may contact the<br />
appropriate administration offi ce of Barclays Wealth.<br />
Marketing<br />
58. Barclays Wealth and other Companies in the Barclays Group<br />
may use Client Information to inform the Client by letter,<br />
telephone, text (or similar) messages, digital television, email<br />
and other electronic methods, about products and services<br />
(including those of others) which may be of interest to the<br />
Client. The Client may tell Barclays Wealth at any time if it does<br />
not wish to receive marketing communications from Barclays<br />
Wealth and/or other Companies in the Barclays Group by<br />
writing to the appropriate administration offi ce of Barclays<br />
Wealth listed in the Appendix, and providing the Client’s full<br />
name and address.<br />
Client identity<br />
59. Barclays Wealth is required by Anti-Money Laundering<br />
regulations to obtain information and documentation to<br />
identify and verify the identity of the Client and certain Persons<br />
interested under an Arrangement or who may benefi t from<br />
it or who have directly or indirectly contributed assets to an<br />
Arrangement or who are connected to the Arrangement, and to<br />
identify the source of assets introduced to an Arrangement and<br />
the source of wealth from which such assets derive, unless an<br />
exemption is available. If such information and documentation<br />
is not made available when required and/or not in a form<br />
acceptable to Barclays Wealth then Barclays Wealth may,<br />
without liability, terminate its services with immediate effect.<br />
The time at which such information and documentation is<br />
required and the form in which it shall be delivered to Barclays<br />
Wealth shall be determined by Barclays Wealth in its absolute<br />
discretion subject to the applicable regulations.<br />
Governing laws and jurisdiction<br />
60. These Terms and Conditions will be governed by and construed in<br />
accordance with the governing law of the Governing Instrument or<br />
Agreement. These Terms and Conditions are supplied in English,<br />
and unless agreed otherwise, all communications between<br />
Barclays Wealth and the Client will be in English.<br />
61. The Courts of the jurisdiction of the governing law of the<br />
Governing Instrument or Agreement shall have exclusive<br />
jurisdiction to settle any dispute arising in connection with<br />
these Terms and Conditions, including their creation, validity,<br />
effect, interpretation or performance, and for such purposes<br />
and to the extent permitted by applicable law, the Client<br />
irrevocably submits to the jurisdiction of the Courts of such<br />
jurisdiction. Proceedings to enforce any judgement obtained in<br />
such Courts may be taken in any jurisdiction.<br />
Clauses relating to the Services provided by Barclays Wealth from<br />
England and Wales only<br />
62. In the absence of an express contrary direction in a will, Barclays<br />
Wealth, and any other executor or administrator acting with<br />
them, shall have the power to apply the statutory power of<br />
appropriation without the consents required by section 41<br />
Administration of Estates Act 1925 being obtained, and further<br />
that this power to appropriate without consent (in the absence<br />
of express contrary intention in the governing instrument) shall<br />
also apply where Barclays Wealth acts, whether solely or jointly<br />
with others, as trustee.<br />
63. In connection with the Financial Services and Markets Act<br />
2000, Barclays Bank Trust Company Limited and Barclays Bank<br />
PLC are authorised and regulated by the Financial Services<br />
Authority (‘FSA’) in the course of their investment business and<br />
so will act in accordance with such of the rules of the FSA or<br />
any other relevant regulatory body as may be applicable from<br />
time to time.<br />
64. A Person who is not a Client will have no rights under the<br />
Contracts (Rights of Third Parties) Act 1999 or otherwise to<br />
enforce any of these Terms and Conditions.<br />
65. When cash fractions or share fractions are received as a result<br />
of Company reorganisations, scrip and rights issues, scrip<br />
dividends or any similar distributions by bodies corporate and<br />
the cash fraction or the cash proceeds of the sale of a share<br />
fraction in any trust, Estate or attorneyship is less than £5 for<br />
an investment registered in the United Kingdom or £10 for an<br />
investment registered outside the United Kingdom, Barclays<br />
Wealth may, at its sole discretion elect not to pay such fractions<br />
to the trust, Estate or attorneyship but instead:<br />
(a) pay them to a body or bodies established for purposes<br />
regarded as charitable under the law of England and Wales<br />
as it shall in its absolute discretion determine; or<br />
(b) pay them to a trust established by Barclays Wealth for similar<br />
purposes regarded as charitable under the law of England<br />
and Wales as it shall in its absolute discretion determine.<br />
8
Clause relating to the Services provided by Barclays Wealth from<br />
Jersey or Guernsey only<br />
66. For obligations and rights relating to the Services provided by<br />
Barclays Wealth from Guernsey or Jersey only, any rights which<br />
any Person or the Arrangement may have under these Terms<br />
and Conditions pursuant to the ‘droit de discussion’ and ‘droit<br />
de division’ are excluded. ‘Droit de discussion’ is the right to<br />
require Barclays Wealth to pursue and exhaust the assets of a<br />
third party for payment of monies due to Barclays Wealth before<br />
pursuing such payment from the Client or Arrangement under<br />
these Terms and Conditions. ‘Droit de division’ is the right to<br />
have liability under these Terms and Conditions divided or<br />
apportioned in some way with another Person.<br />
Clauses relating to the Services provided by Barclays Wealth from<br />
Isle of Man only<br />
67. In the absence of an express contrary direction in a will, Barclays<br />
Wealth, and any other executor or administrator acting with<br />
them, shall have the power to apply the statutory power of<br />
appropriation without the consents required by section 45 of<br />
the Administration of Estates Act 1990 being obtained, and<br />
further that this power to appropriate without consent (in<br />
the absence of express contrary intention in the Governing<br />
Instrument) shall also apply where Barclays Wealth acts,<br />
whether solely or jointly with others, as trustee.<br />
68. A Person who is not a Client will have no rights under the<br />
Contracts (Rights of Third Parties) Act 2001 or otherwise to<br />
enforce any of these Terms and Conditions.<br />
Clauses relating to the Services provided by Barclays Wealth from<br />
Switzerland only<br />
69. The Client accepts that any share of brokerage and any<br />
insurance or other commissions received from third parties in<br />
connection with the Services and retained by Barclays Wealth<br />
pursuant to clause 18 of these Terms and Conditions, which<br />
represent ‘Retrocessions’, are part of the fees of Barclays Wealth<br />
and so accrue to Barclays Wealth.<br />
70. As an exception to the provisions of Article 405 CO, any<br />
contractual relationship between the Client or the Client’s<br />
successors or legal representatives and Barclays Wealth, shall<br />
not terminate upon the Client’s death, loss of legal capacity or<br />
the Client being adjudicated absent, insolvent or bankrupt.<br />
71. The Client will be given notice of any amendments to these<br />
Terms and Conditions, any applicable Schedule of Fees and any<br />
applicable supplementary terms and conditions, at least 30<br />
days before the publication of the relevant amended version. In<br />
the absence of any objections by the Client within 30 days of<br />
the date of such notice, the amended version shall be deemed<br />
to be approved by the Client. The amended version will be<br />
effective if it is deemed to have been approved by the Client or<br />
has been expressly approved by the Client and when published<br />
in accordance with clause 2 of these Terms and Conditions.<br />
Client’s certifi cation of non-United States of America Status<br />
72. Where Barclays Wealth acts outside the U.S.A. the Services are<br />
generally not provided to<br />
(a) U.S. citizens;<br />
(b) U.S. residents for U.S. income tax purposes. The defi nition<br />
of residence for these purposes is taken to be from the<br />
Internal Revenue Code as amended from time to time;<br />
(c) U.S. domiciliaries for U.S. Estate, gift or generation skipping<br />
purposes.<br />
73. The Client certifi es that he does not fall under any of the above<br />
categories and undertakes to inform Barclays Wealth as soon as<br />
reasonably practicable if his status in this regard changes.<br />
74. The Client authorises Barclays Wealth to make representations<br />
and disclosures including, but not limited to, U.S. withholding<br />
tax matters and indemnifi es Barclays Wealth in the event of<br />
any legal fees, penalties or expenses generally that may arise<br />
as a result of false or inaccurate information being provided to<br />
Barclays Wealth.<br />
Clause relating to the Services provided by Barclays Wealth from<br />
Singapore only<br />
75. No Person shall acquire any rights pursuant to the Contracts<br />
(Rights of Third Parties) Act, Chapter 53B of Singapore, to<br />
enforce these Terms and Conditions.<br />
Powers of attorney<br />
76. Where Barclays Wealth acts under a power of attorney:<br />
(a) Barclays Wealth shall be entitled to access any information<br />
from the donor’s bankers, solicitors, accountants or other<br />
professional advisers that Barclays Wealth in its absolute<br />
discretion requires in order to manage the donor’s affairs;<br />
(b) Barclays Wealth shall have the right to access the original<br />
or a certifi ed copy of the donor’s last will (and any codicils<br />
to the donor’s last will) in order to assist it with the<br />
management of the donor’s affairs.<br />
Complaints<br />
77. If the Client wishes to complain, the Client may do so in person,<br />
in writing, by post or email, or by telephone. To obtain a copy<br />
of Barclays Wealth’s complaint handling procedures, or to<br />
make a complaint, the Client should contact the appropriate<br />
administration offi ce of Barclays Wealth.<br />
9
Appendix<br />
The companies included in the defi nition ‘Barclays Wealth’ are as follows:<br />
England and Wales<br />
Barclays Bank PLC<br />
Administration Offi ce & Registered Offi ce:<br />
1 Churchill Place<br />
London E14 5HP<br />
England<br />
Registered No: 1026167<br />
Barclays Bank Trust Company Limited<br />
Administration Offi ce:<br />
Osborne Court<br />
Gadbrook Park<br />
Northwich, Cheshire CW9 7UE<br />
Telephone: +44 (0)8457 660 936<br />
Fax: +44 (0)1606 313 421<br />
Registered Offi ce:<br />
1 Churchill Place<br />
London E14 5HP<br />
England<br />
Registered No: 920880<br />
Barclays Fiduciary Services (UK) Limited<br />
Administration Offi ce:<br />
Osborne Court<br />
Gadbrook Park<br />
Northwich, Cheshire CW9 7UE<br />
Telephone: +44 (0)8457 660 936<br />
Fax: +44 (0)1606 313 421<br />
Registered Offi ce:<br />
1 Churchill Place<br />
London E14 5HP<br />
England<br />
Registered No: 2362041<br />
Jersey<br />
Barclays Private Bank & Trust Limited<br />
Administration Offi ce & Registered Offi ce:<br />
PO Box 82<br />
39/41 Broad Street<br />
St Helier, Jersey<br />
Channel Islands JE4 8PU<br />
Telephone: +44 (0)1534 873 741<br />
Fax: +44 (0)1534 872 737<br />
Registered No: 6056<br />
Barclays Wealth Trustees (Jersey) Limited<br />
Administration Offi ce:<br />
PO Box 248<br />
39/41 Broad Street<br />
St Helier, Jersey<br />
Channel Islands JE4 5PS<br />
Telephone: +44 (0)1534 711 111<br />
Fax: +44 (0)1534 873 526<br />
Registered Offi ce:<br />
39/41 Broad Street<br />
St Helier, Jersey<br />
Channel Islands JE4 8PU<br />
Registered No: 12781<br />
Barclays Wealth Fund Managers (Jersey) Limited<br />
Administration Offi ce & Registered Offi ce:<br />
PO Box 248<br />
39/41 Broad Street<br />
St Helier, Jersey<br />
Channel Islands JE4 5PS<br />
Telephone: +44 (0)1534 711 111<br />
Fax: +44 (0)1534 873 526<br />
Registered No: 93208<br />
Guernsey<br />
Barclays Wealth Fund Managers (Guernsey) Limited<br />
Administration Offi ce & Registered Offi ce:<br />
PO Box 671, Level 1<br />
Regency Court, Glategny Esplanade<br />
St Peter Port, Guernsey<br />
Channel Islands GY1 3ST<br />
Telephone: +44 (0)1481 747 474<br />
Fax: +44 (0)1481 710 147<br />
Registered No: 33717<br />
Barclays Wealth Trustees (Guernsey) Limited<br />
Administration Offi ce & Registered Offi ce:<br />
PO Box 671, Level 1<br />
Regency Court, Glategny Esplanade<br />
St Peter Port, Guernsey<br />
Channel Islands GY1 3ST<br />
Telephone: +44 (0)1481 747 474<br />
Fax: +44 (0)1481 710 147<br />
Registered No: 24531<br />
Isle of Man<br />
Barclays Private Bank & Trust (Isle of Man) Limited<br />
Administration Offi ce & Registered Offi ce:<br />
4th Floor Queen Victoria House<br />
Victoria Street, Douglas<br />
Isle of Man IM99 1DF<br />
Telephone: +44 (0)1624 682 828<br />
Fax: +44 (0)1624 682 899<br />
Registered No: 1478<br />
Barclays Wealth Trustees (Isle of Man) Limited<br />
Administration Offi ce & Registered Offi ce:<br />
PO Box 312<br />
4th Floor Queen Victoria House<br />
Victoria Street, Douglas<br />
Isle of Man IM99 2BJ<br />
Telephone: +44 (0)1624 682 828<br />
Fax: +44 (0)1624 646 850<br />
Registered No: 55260C<br />
10
Barclays Wealth Fund Managers (Isle of Man) Limited<br />
Administration Offi ce:<br />
PO Box 312<br />
4th Floor Queen Victoria House<br />
Victoria Street, Douglas<br />
Isle of Man IM99 2BJ<br />
Telephone: +44 (0)1624 682 828<br />
Fax: +44 (0)1624 646 850<br />
Registered Offi ce:<br />
PO Box 312<br />
Grosvenor House<br />
66/67 Athol Street<br />
Douglas, Isle of Man IM99 2BJ<br />
Registered No: 118158C<br />
Switzerland<br />
Barclaytrust (Suisse) S.A.<br />
Administration Offi ce & Registered Offi ce:<br />
8-10 rue d’Italie<br />
1204 Geneva, Switzerland<br />
Telephone: +41 22 819 5900<br />
Fax: +41 22 819 5999<br />
Registered No: 400 / 1986<br />
Barclays Bank (Suisse) S.A.<br />
Administration Offi ce & Registered Offi ce:<br />
8-10 rue d’Italie<br />
1204 Geneva, Switzerland<br />
Telephone: +41 22 819 5111<br />
Fax: +41 22 310 6460<br />
Registered No: 1381/1986<br />
India<br />
Barclays Wealth Trustees (India) Private Limited<br />
Administration Offi ce & Registered Offi ce:<br />
Titanium, 2nd Floor<br />
Western Express Highway<br />
Plot No. 201, Goregaon (East)<br />
Mumbai – 400063, India<br />
Telephone: +91 22 6731 5000<br />
Fax: +91 22 6731 5099<br />
Registered No: 188438<br />
Singapore<br />
Barclays Wealth Trustees (Singapore) Limited<br />
Administration Offi ce & Registered Offi ce:<br />
Level 28, South Tower<br />
1 Raffl es Quay,<br />
Singapore 048583<br />
Telephone: +65 6308 3000<br />
Fax: +65 6308 3289<br />
Registered No: 200906350R<br />
Hong Kong<br />
Barclays Wealth Trustees (Hong Kong) Limited<br />
Administration Offi ce:<br />
42/F Citibank Tower<br />
3 Garden Road, Central Hong Kong<br />
Telephone: +852 2903 4692<br />
Fax: +852 2903 4680<br />
Registered Offi ce:<br />
Suite 3201-2, ICBC Tower<br />
3 Garden Road<br />
Central Hong Kong<br />
Registered No: 1188871<br />
Cayman Islands<br />
Barclays Private Bank & Trust (Cayman) Limited<br />
Administration Offi ce & Registered Offi ce:<br />
PO Box 487 GT<br />
4th Floor, First Caribbean House<br />
Grand Cayman, Cayman Islands<br />
British West Indies<br />
Telephone: + 1 345 949 7128<br />
Fax: + 1 345 949 7657<br />
Registered No: 029978<br />
11
1<br />
This item can be provided in Braille, large print or audio by calling 0800 400 100* (via TextDirect if appropriate).<br />
If outside the UK please call: +44 (0)1624 684 444**.<br />
* Lines are open 8am to 8pm UK time Monday to Friday and 9am to 5pm UK time Saturday and UK bank<br />
holidays. Calls to 0800 numbers are free if made from a UK landline.<br />
**Lines are open 8am to 6pm UK time Monday to Friday excluding UK bank holidays.<br />
Call costs may vary – please check with your telecoms provider. Calls may be recorded so that we can monitor the<br />
quality of our service and for security purposes.<br />
Barclays Wealth is the wealth management division of Barclays and operates through Barclays Bank PLC and its subsidiaries.<br />
Barclays Bank PLC is registered in England and is authorised and regulated by the Financial Services Authority. Registered No: 1026167. Registered Offi ce: 1 Churchill Place, London E14 5HP.<br />
Barclays Private Bank & Trust Limited. Registered number: 6056. Registered Offi ce 39/41 Broad Street, St. Helier, Jersey JE4 8PU, Channel Islands. Barclays Private Bank & Trust Limited is<br />
regulated by the Jersey Financial Services Commission.<br />
Barclays Private Bank & Trust Limited is regulated by the Guernsey Financial Services Commission under Section 4 of the Protection of Investors (Bailiwick of Guernsey) Law 1987 to carry<br />
on restricted activities in connection with controlled Investment Business carried out from and within Guernsey.<br />
Barclays Private Bank & Trust (Isle of Man) Limited. Registered in the Isle of Man. Registered Number 1478. Registered Offi ce 4th Floor, Queen Victoria House, Victoria Street, Douglas,<br />
Isle of Man. IM99 1DF. Barclays Private Bank & Trust (Isle of Man) Limited is licensed by the Isle of Man Financial Supervision Commission to take deposits, provide collective investment<br />
schemes and provide corporate and trust services.<br />
Barclays Private Bank & Trust (Cayman) Limited. Registered in the Cayman Islands. Registered Number: 29978. Registered Offi ce: First Caribbean House, 25 Main Street, Shedden Road,<br />
George Town, Grand Cayman, Cayman Islands. Barclays Private Bank & Trust (Cayman) Limited is regulated by Cayman Islands Monetary Authority and holds a category B banking license<br />
duly authorised to provide restricted Banking business, and Trust company business under the Banks and Trust Companies Law (2007) Revision. BPB & T (Cayman) Limited is a regulated<br />
Corporate Service Provider and under the Mutual Funds Law (2007) Revision holds a Mutual Funds Administrators License.<br />
Barclays Wealth Trustees (Jersey) Limited Registered No. 12781. Registered Offi ce: 39-41 Broad Street, St Helier, Jersey JE4 5PS, Channel Islands. Barclays Wealth Trustees (Jersey) Limited<br />
is regulated by the Jersey Financial Services Commission.<br />
Barclays Wealth Trustees (Guernsey) Limited is licensed by the Guernsey Financial Services Commission under The Regulation of Fiduciaries, Administration Businesses and Company<br />
Directors, etc. (Bailiwick of Guernsey) Law 2000. Registered in Guernsey, Channel Islands. Registered Number 24531. Registered Offi ce: Regency Court, Glategny Esplanade, St Peter Port,<br />
Guernsey GY1 3ST.<br />
Barclays Wealth Trustees (Isle of Man) Limited is licensed by the Isle of Man Financial Supervision Commission to provide corporate and trust services. Registered Offi ce: P.O. Box 312, 4th<br />
Floor, Queen Victoria House, Victoria Street, Douglas, Isle of Man IM99 2BJ, British Isles. Registered in the Isle of Man. Company Number 055260C. VAT Registration No 243 8522 62.<br />
Barclays Wealth Fund Managers (Jersey) Limited Registered number: 93208. Registered Offi ce: 39-41 Broad Street, St Helier, Jersey JE4 5PS, Channel Islands. Barclays Wealth Fund<br />
Managers (Jersey) Limited is regulated by the Jersey Financial Services Commission.<br />
Barclays Wealth Fund Managers (Guernsey) Limited is licensed by the Guernsey Financial Services Commission under The Protection of Investors (Bailiwick of Guernsey) Law, 1987.<br />
Registered in Guernsey, Channel Islands. Registered Number 33717. Registered Offi ce: Regency Court, Glategny Esplanade, St Peter Port, Guernsey GY1 3ST.<br />
Barclays Wealth Fund Managers (Isle of Man) Limited is licensed by the Isle of Man Financial Supervision Commission to provide collective investment scheme services and provide<br />
corporate services. Registered Offi ce: P.O. Box 312, 4th Floor, Queen Victoria House, Victoria Street, Douglas, Isle of Man, IM99 2BJ, British Isles. Registered in the Isle of Man. Company<br />
Number118158C. VAT Registration No 243 8522 62.<br />
Barclays Wealth Trustees (Hong Kong) Limited is part of Barclays Wealth.<br />
Barclays Wealth Estates and Trusts is a trading name of Barclays Fiduciary Services (UK) Ltd (Registered No 2362041) and Barclays Bank Trust Company Ltd (Registered No 920880). Both are<br />
registered in England with registered offi ces at 1 Churchill Place, London E14 5HP. Barclays Bank Trust Company Limited is authorised and regulated by the Financial Services Authority.<br />
Barclays Bank (Suisse) S.A. is a Swiss Bank regulated and supervised by FINMA. Registered in Switzerland. Registered No. 1381/1986. Registered Offi ce: 8/10 Rue d’Italie, CH-1211, Geneva,<br />
Switzerland. Registered VAT No. 288 787.<br />
Barclaytrust (Suisse) S.A. is incorporated in Switzerland and is wholly owned by Barclays Bank (Suisse) S.A.<br />
Barclays Wealth Trustees (Singapore) Limited holds a trust business licence from the Monetary Authority of Singapore and provides trustee and trust administration services.<br />
Item Ref: 9908496. June 2010
<strong>BARCLAYS</strong> <strong>WEALTH</strong> <strong>ESTATES</strong> & <strong>TRUSTS</strong><br />
Schedule of fees for Probate services<br />
Barclays Bank Trust Company Limited<br />
1. Fees including VAT for acting as Executor or<br />
Administrator<br />
Gross estate value Service fee<br />
Up to £200,000 £6,000<br />
£200,001 - £300,000 £9,600<br />
£300,001 - £400,000 £12,000<br />
£400,001 - £500,000 £15,600<br />
£500,001 - £1,000,000 £18,000<br />
£1,000,001 - £3,000,000 £36,000<br />
Over £3,000,000 By agreement<br />
In most cases we will confirm a fixed fee as soon as<br />
practical following notification of the death, however in<br />
some cases we will need to make an additional charge for<br />
activities listed in point 3.<br />
All the fees quoted above are inclusive of the following<br />
activities:<br />
• Probate valuation of investments excluding private<br />
company shares<br />
• Legal fees for preparing the probate application<br />
along with probate court fees<br />
• Estate tax returns<br />
• Indemnity fees – Leasehold property and missing<br />
share certificates<br />
• Postage and telephone costs<br />
2. Disbursements<br />
All fees quoted above are exclusive of disbursements,<br />
expenses and third party costs properly incurred e.g. estate<br />
agents commission and solicitors costs. These expenses will<br />
be charged in addition to the fees quoted above.<br />
3. Fees for complex / other activities<br />
In addition to the fees detailed in 1, a charge for services<br />
may be made when dealing with the following:<br />
• Business or agricultural property<br />
• Operating or selling a business<br />
• Private company shares<br />
• Assets abroad<br />
• Assets of a specialised nature e.g. fine art<br />
• Complex tax issues<br />
• Tax returns for the period to the date of death will<br />
be charged at £420 per return or if our work<br />
confirms no return is required, a lesser charge of<br />
£240 will apply. Tax returns for the estate<br />
administration period are included in the service<br />
fee<br />
• An unclear will<br />
• Freehold or leasehold property issues e.g. missing<br />
title deeds<br />
• Transfer of investments or other assets to<br />
beneficiaries<br />
• Deeds of variation, disclaimer and renunciation of<br />
appointment as executor<br />
• Engagement in litigation or dealing with threatened<br />
or anticipated litigation (including caveats)<br />
• All other duties of an unusual or complex nature<br />
Such fees will be charged based on time spent (rates<br />
available on request) except for tax returns to the date of<br />
death which are shown above as fixed fees.<br />
These fees are effective for deaths occurring on or after 1 January 2011
4. General<br />
The fees quoted in this schedule are inclusive of VAT<br />
at 20%, where applicable.<br />
This schedule of fees should be read in conjunction with,<br />
and applies subject to the “Terms and Conditions for the<br />
Trust, Fiduciary, Fund Administration and Corporate<br />
Services” of Barclays Wealth as may be amended from time<br />
to time.<br />
Next Step<br />
For further information, please contact us:<br />
Barclays Wealth Estates & Trusts<br />
Osborne Court<br />
Gadbrook Park<br />
Northwich, Cheshire CW9 7UE<br />
Telephone: +44 (0)8457 660936<br />
Email us at eandt-info@barclayswealth.com<br />
barclayswealth.com<br />
This item can be provided in Braille, large print or audio by calling 0800 400 100* (via TextDirect if appropriate).<br />
If outside the UK please call: +44(0)1624 684 444**.<br />
*Lines are open 8am to 8pm UK time Monday to Friday and 9am to 5pm UK time Saturday and UK bank<br />
holidays. Calls to 0800 numbers are free if made from a UK landline.<br />
**Lines are open 8am to 6pm UK time Monday to Friday excluding UK bank holidays.<br />
Call costs may vary – please check with your telecoms provider. Calls may be recorded so that we can monitor<br />
the quality of our service and for security purposes.<br />
Barclays Wealth is the wealth management division of Barclays and operates through Barclays Bank PLC and its subsidiaries. Barclays Wealth Estates and Trusts is a trading name of<br />
Barclays Fiduciary Services (UK) Ltd (Registered No 2362041) and Barclays Bank Trust Company Ltd (Registered No 920880). Both are registered in England with registered offices at 1<br />
Churchill Place, London E14 5HP. Barclays Bank Trust Company Limited is authorised and regulated by the Financial Services Authority.<br />
Item Ref: BWL1610. January 2011
<strong>BARCLAYS</strong> <strong>WEALTH</strong> <strong>ESTATES</strong> & <strong>TRUSTS</strong><br />
Schedule of fees for acting as Trustee<br />
Barclays Bank Trust Company Limited<br />
1. Fees for acting as trustee*<br />
We may charge an acceptance fee on the acceptance of<br />
trusteeship or on the acceptance of further assets into a<br />
trust of which we are already a trustee. In each case the fee<br />
will be commensurate with the work and responsibility<br />
involved and negotiated on each relevant occasion. There<br />
will be no charge for acceptance of a trust of any part of an<br />
estate of which we have been executor or administrator, but<br />
fees will be payable for acting as trustee from the time<br />
when the trust is constituted by appropriation, even if the<br />
administration of the estate is not complete.<br />
The annual management fee is payable in advance on<br />
commencement of the service with subsequent fees<br />
normally falling due at the start of each year. It is<br />
calculated on a percentage basis on the higher of the book<br />
or market value (actual or estimated) of the gross capital<br />
assets held in the trust at commencement or each<br />
anniversary at a rate of 1.35% per annum subject to a<br />
minimum fee of £750 per annum.<br />
We have discretion in determining the book or market value<br />
of the gross assets but will only exercise this discretion in a<br />
reasonable manner. An adjustment may be made in respect<br />
of any year in which substantial additions, distributions or<br />
releases of capital are made. Normally, the fee will be<br />
charged against capital but may be charged against income.<br />
In appropriate cases the management and withdrawal fees<br />
on annuity funds and settled legacies, including minors’<br />
interests, may be commuted at our discretion and charged<br />
against the capital of the residuary estate.<br />
A withdrawal fee at the rate of 3.5% will be payable out of<br />
capital on the gross amount or market value (actual or<br />
estimated) of any capital funds or assets paid out or<br />
*Except for the Barclays Wealth Prestige Trust and the Barclays Wealth Preservation Trust.<br />
released from the trust, whether in the course of<br />
administration or by way of distribution to beneficiaries or<br />
upon us ceasing to act in the trust. A reduction to this<br />
withdrawal fee may be considered in cases where the work<br />
involved is straightforward or level of responsibility is<br />
disproportionate in relation to the amount of the fee.<br />
We may charge a transaction fee of up to 2.5% of the<br />
purchase price whenever unit trust units or open-ended<br />
investment company shares (UT/OEIC) are purchased by us<br />
at creation price. The creation price for these purposes being<br />
the price at which new units or shares are sold to us where<br />
the price is based solely on the value of the underlying<br />
assets of the UT/OEIC without the addition by the UT/OEIC<br />
manager of any commission or management charges.<br />
Where we hold investments within a unit trust or openended<br />
investment company, we may make a ‘switching’<br />
charge of up to 0.25% of the value of the transaction where<br />
we sell and re-invest in other units, for example, to utilise<br />
available Capital Gains Tax allowances. The transaction fee<br />
referred to above will not be charged in these circumstances.<br />
2. Valuation fees<br />
To provide a valuation of stocks and shares for probate and<br />
taxation purposes (including on the death of a life tenant,<br />
termination of a trust or other change of interest) our<br />
charges are as follows:<br />
• 0.15% of the first £100,000<br />
• 0.10% of the next £100,000<br />
• 0.05% of the balance over £200,000<br />
A charge of £5 per holding up to 12 holdings and £3 per<br />
holding in excess of 12 holdings will also apply.<br />
An additional charge per holding may be made if extensive<br />
research is required.<br />
Minimum fee – £50
3. Taxation fees<br />
We will charge the following fees for each tax year or part<br />
thereof after the commencement of the administration of<br />
any trust administered by us:<br />
• Fee for tax return completion – £350<br />
• Fee for property income, where applicable – Minimum fee<br />
of £70 per property or block of properties<br />
What constitutes a ‘block’ of properties to be determined at<br />
our discretion.<br />
These fees cover the cost of preparation and submission of<br />
returns, the checking of assessments received and<br />
payment/collection of liabilities/repayments.<br />
These fees are not applicable to any returns required by<br />
HMRC in relation to Inheritance Tax or VAT.<br />
4. Special fees relating to trustee duties<br />
In addition to all other fees, a charge for services rendered<br />
may be made when dealing with a business or private<br />
company shares, assets abroad, assets requiring any<br />
specialised valuation or sale, deeds of variation or disclaimer,<br />
freehold or leasehold property or mortgages, for valuing or<br />
obtaining valuations of trust assets, for preparing returns,<br />
claims and calculations for taxation and other purposes; for<br />
onerous and unusual work in connection with identification<br />
and security of chattels, documents or premises; for<br />
furnishing more than usually detailed or frequent<br />
information; registering a notice of charge; for attendances;<br />
for journeys outside our offices; for engagement in litigation<br />
or dealing with threatened or anticipated litigation<br />
(including caveats); and for all duties of an unusual nature.<br />
Such charges will be levied commensurate with time<br />
expended and the level of staff involved.<br />
5. Disbursements<br />
All fees quoted above are exclusive of disbursements,<br />
expenses and third party costs properly incurred. This will<br />
include but is not limited to legal fees, audit fees and travel,<br />
telephone, courier or general postage costs. These expenses<br />
will be charged in addition to the above fees.<br />
6. General<br />
This schedule of fees should be read in conjunction with,<br />
and applies subject to the ‘Terms and Conditions for Trust,<br />
Fiduciary, Fund Administration and Corporate Services’ of<br />
Barclays Wealth as may be amended from time to time.<br />
The fees quoted in this schedule are subject to VAT, where<br />
applicable.<br />
Next Step<br />
For further information, please contact us:<br />
Barclays Wealth Estates & Trusts<br />
Osborne Court<br />
Gadbrook Park<br />
Northwich, Cheshire CW9 7UE<br />
Telephone: +44 (0)8457 660936<br />
Fax: +44 (0)1606 313421<br />
www.barclayswealth.com<br />
These fees are effective from 1 July 2010.<br />
This item can be provided in Braille, large print or audio by calling 0800 400 100* (via TextDirect if appropriate).<br />
If outside the UK please call: +44(0)1624 684 444**.<br />
*Lines are open 8am to 8pm UK time Monday to Friday and 9am to 5pm UK time Saturday and UK bank<br />
holidays. Calls to 0800 numbers are free if made from a UK landline.<br />
**Lines are open 8am to 6pm UK time Monday to Friday excluding UK bank holidays.<br />
Call costs may vary – please check with your telecoms provider. Calls may be recorded so that we can monitor<br />
the quality of our service and for security purposes.<br />
Barclays Wealth is the wealth management division of Barclays and operates through Barclays Bank PLC and its subsidiaries. Barclays Wealth Estates and Trusts is a trading name of<br />
Barclays Fiduciary Services (UK) Ltd (Registered No 2362041) and Barclays Bank Trust Company Ltd (Registered No 920880). Both are registered in England with registered offices at<br />
1 Churchill Place, London E14 5HP. Barclays Bank Trust Company Limited is authorised and regulated by the Financial Services Authority.<br />
Item Ref: BWL1356. July 2010